19930786 Ver 2_Conservation Easements_20070821

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~~~
BruaswicJc Coun~y~t ~B~eds
Robert J. R~irr~rrJ ~^~,"©.3(517s
Inst N30865~ a Eoo~~il7=~~e
12/29/2005 04:10:34pm Aeck
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~~~~~~12
After recording please return to:
North American Land I'mst
P.O Box 467
Chadds Ford, Pf~Gl
7 55
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~~ ~~,,~~
NOIICE OF CONY-EI!eCNOiC~ J
~~((
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~~`~"~~
REQUIRED - ~~ ~~ ~3N 5 11 u~~~Qt~a¢
av~u ~~~
CONSERVAI ION EASEMENI
AND
RF DECL ARAIION OF RESTRICTIONS AND COVENANIS
~ ~~~ ~~
~~~ ~ ~-
I I~ ~.f~RV~TIQ)`(;,~CFENi AND DECLARAIION OF RESTRICIIONS
AND CO AN'TS~ n Easement") made December ~, 200 by and
between THE RESERVE CLZ~T ST.. JAMES PLAN'IAIION, LLC, a North Cazolina
limited liability company ("Ownet'~, having an address of P.0 Box 10879, Southport, North
Cazolina, 28461, and NORTH AMERICAN LAND TRUST ("Holder"), a Pennsylvania non-
profit wrporation having an address of Post Office Box 467, Chadds Ford, PA 19317,
~ p~
WIINESSEIH IHAT: ~~~`~ ~~~'(~ t
WHEREAS, Owner is the owner of those certain tracts of ]and k.~' isistrr~ ~ ' yes ~ `~~°
located in the Town of St. James, Lockwood Folly Township, Brunswick County, No~~~~~1~1,
Carolina, known as the "Reserve Phase Two Golf Course" and more pazticularly described as
follows (said pacts aze hereinafter referred to collectively as the "Conservation Area"):
Being all of~ract 1" consisting of 29:71 es, "Imct 2" consisting of 27.51
acres, and "Trac " consisti '@~, all as shown on that Survey of
Reserve Phase I' a ~ ement prepared by McKim and Creed
dated 11/15/~ `~r led in~vT~~nfii~het 34 Pages 303035 Brunswick
County Regis y; and oOG~j,~~QL7QL~
WHEREAS, Holder is anon-profit corporation, having atax-exempt status under
Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (hereinafter called the
~~, B81
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Ins~j ~0~~ Bcok ¢Od7Ea2yel4 275
l~~ G'IGG~Q17Gss,
"Code"), which has been established as a public chazity for the purpose of preserving ands
conserving nahuai habitats and environmentally sensitive areas and for other charitable, scientific
and educational purposes and which is a "qualified organization" under Section 170(h)(3) of the
Code; and ~
WHEREAS, the Conservation Area contain~a'~P . - r ~ - ~ !~oles of a golf
course (the "Golf Course"); and' ~ ~k.~77~~~~
WHEREAS, preservatron of the Conservation Area~)~Il~se~e~tif~'~~'ollowing purposes,
(the "Conservation Purposes"):
Preservation of the Conservation .Brea as a relatively natural habitat of fish, wildlife, or
plants or similaz ecosysf and ~~ ~n
Preservation of the Co~fJ~olSs ~ ~~a e Lw~hich, if preserved, will advance a
t~~ttr
cleazly delineated F ed e or ffry~~~oGvemmen~a~conservation policy and will yield
a significant public benefit; and QC~lq~.
WHEREAS, the ecological and scenic significance of the Conservation Area (which
may be hereinafter called the "Conservation Values") and the Conservation Purposes have been
established in the reports, plans, photographs, documentati and exhibits assembled b and
retained in the offices of, North Ameercan Land Trust (colle6 called ~~g~
Documentation"), which describes, among others, the followi I ~rv~es of the
Conservation Area: ~ ~ ~7o t~ra®~r ~~
~ Ol,~~tsGc~~~<p
the Conservation Area includes portions of Polly Creek and an unnamed tn"lihtazy of
Beaver Dam Creek which will be protected by this Conservation Easement; and
the Conservation Area provides wildlife travel corridors for vazious species that aze
present on or in the viciitlfy,~of the Conservatio~e~J and
Ike ConservatioY Arep a~ ~s~l~~~~l~(rgl I.L,$" Cream Swamp wetlands regulated
b the U S. Arm Cor n t to t e ederal Clean Water Act; and
~~Q
the Conservation Area shall, by protecting stream and wetland buffer's, and by being
preserved from residential development and desWCtive hydrological alterations,
contribute to protection of water quality and wildlife habitat; and
Thservati e proximity to, and duectly contiguous with, other
ecoL~i ~~arcels within the St. James community previously subjected to
~~bii~q~semef#4~~it3ilder; and
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o ~`_~ ~~ I ~~ 8659 Hook 2307Page: 2'76
~G90G~j,~4~,~~
WHEREAS, Owner and Holder desire to perpetually conserve the natural, scientific,
educational, open space, scenic and historical resources of the Conservation Area to accomplish
the Conservation Purposes; and
WHEREAS, Owner intends to grant the easement a`~if€I~m~ose the restr'~i~ye~~r~ants
on the Conservation Area as set forth in this Conservation Easem~o^~~{ e
Conservation Purposes; and o~ ~ ~~~ ~r,.~ffff~~3
lJ L v C/9lt9~~~17C~~~77~~
WHEREAS, Owner and Holder intend that this document be a "conservatroi'r~ageement"
as defined in Chapter 121, Article 4, Section 121-34 et sea. of the General Statutes of North
Cazolina, known as the Historic Preservation and Conservation Ageement Act (the "State
Conservation Easement Law")
NOW, IHER 1 ~¢n"sS~ation of the mutual covenants, teems,
conditions, restri r s.~~rar~dsies~ contained in this Conservation Easement, and intending to
be legally bound vo un an y, unconditionally and absolutely gants and
BYE ~~~.~`~"
conveys unto Holdee, its successors s, the easements, covenants, prohibitions and
restrictions set forth in this Conservation Easement, in perpetuity, to accomplish the
Conservation Purposes. Holder hereby accepts the gaol of such easements and agees to hold
such easements exclusively for the Conservaton Purposes and to enforce the teems of the
restrictive covenants set forth in this Conservation Easement ~ ~~
ARTICLE 1, GRANI OP EASEMENT'S „~~~~
~~~
M ~~f l V ~ mcnffffr~e
Owner hereby voluntarily, unconditionally and absolutely gams and conve~~~ct~q, ~
Holder, its successors and assigns, a perpetual easement in Boss over the Conservation Area for
the purpose of preserving and protecting the Conservation Purposes and enforcing the restrictive
covenants set forth below In addition, Owner hereby gants and conveys unto Holder, its
successors and assigns the easement and right of Holder and its agents~o enter upon and inspect
the Conservation Area for compliance with this Conservation Easemen~'3F~y time and froyi, ~ n
time to time, with access over and across the Property if necessazy. Holders ~(~~ (r~
notice of any such entry and inspection at least seven (7) days in advar4c. C7 ~ ~P rH cases~~~~~
suspected or known violations of this Conservation Easement. l_UJ vUu~,_
ARIICLE 2.OWNER'S DECLARAIION OF COVENANTS AND RESIRICIIONS
Owner, for Owner and Owner's successors and assigns, covenants and declazes that the
Conservatt ea shall be, and hereb r bound by and made subject to the following covenants
and restrictions erpet ~e~t excepting only the Reserved Rights set forth in
Article 3 of_t~i~q~%r to Bement:
~V ~L'r?©ffffJ6.'rQa
2.1 Use Restric~~s ~~t3servation Area shall not be used for a residence of fbr any
commercial, institutional, or indushial purpose or purposes. Among the uses
prohibited by the preceding sentence aze, without limiting the meaning or
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~r~"~~"~7~ nsY. # 308659 Book 2307Page: 277
interpretation of the preceding sentence, any of the following: (1) conshuction or
occupancy of any dwellings; (2) manufacture or assembly of any products, goods,
equipment, chemicals, materials or substances of any kind or nature whatsoever; (3)
sale of any products goods, equipment, chemicals, materials, substances or services
of any kind or natureift~~oever; (4) 1 ;age,~9~ i'y products, goods, equipment,
chemicals, materials or su "s ees ~ ~n o nature, except if'stored for use upon
the Property in connecfQ~~(~fi"e~p~gi~ited by this Conservation
Easement; and (5) d~c s or p~~t'iv~q~v~ed in the sale, manufacture or assembly
of goods or services or fox the performance~s'ervices
2 2. Stmcmres Prohibited No Structure (hereinafter defined) of any kind shall be built,
erected, installed, placed, affixed or assembled within or upon the Conservation .4r~ea
or upon ees or other natural f~at~es upon the Conservafion Area. "Structure"
shall mean an - embl p~.n'tfing a construction for occupancy or use for
any purpos arLd p~ r attached to the ground including for example but not
to limit ttq}~g ~p~ tiofS';'~'i~e~fBt~wing: building, platform, shed, bin, shelter,
dam, dike, tower, tank, an~t~r(r'i~ulkhead, but excluding fences up to six feet in
height above ground level,
2.3 Golf Course Environmental Practices Owner shall, in the improvement, alteratioq
~ maintenance and opexatio~t of the Golf Course and other permitted Structures on the
"~pnservation ~a,5 e ~ apply the best environmental practices then prevailing in
1, ~ s4~~A~e may evolve In determining compliance with the
M ~ ~~Y ~wnerauufT~ust agee to refer, for the determination of such practices, to
standazlYs~'`~Q}~sL1~dF g~y//~~organizations recognized as reputable in the indushy, such as
the Golf Course Suptendents Association of America, as such standazds maybe
amended and updated from time to time. Byway of example but not (imitation, the
Owner and Trust would refer; in interpretation of this obligation, to the publication
"Environmental Principles for Golf Courses in the United States" adopted by the Golf
Course Superintendents Association of America and other orzations and, as to ~ n
golf course management practices related to tournament events, t~(ie t;~,~,,;~~y~ /r~
"PGA Pour Agronomy Tournament Preparation Handbook"; as ~ ~D°s~7~r~~vmn
be updated from time to time. In addition to these standazds~~ a 'ces, $t?frkg~
and updates, Owner shall (1) maintain records relating to the maintenance and~~L.
management of the Conservation Area and will provide them to Trust promptly upon
request and (2) famish at Owner's expense an annual monitoring report, reasonably
satisfactory to the Trust, on the ecological condition and management of the
Conservation Areas prepaz~ an independent profe/~~ \rgrtal who is qualified to
perform such monitoring and~ting. ~ ~~16
n ~~~
2 4.. Limitation on RecreationalfA~~i~k9!(( /~~creatidifaPta~2Y%Y3es on the Conservation
Area shall be limited to those that, by tFiait~i~ & rkely to have no material
adverse effect on the Conservation Values of the ~~ vation Area Examples of
such activities which aze included here for illustration and not for limitation of the
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foregoing, include golf, wildlife observation, and photogaphy Notwithstanding the
foregoing, all recreafional activities within the Conservafion Area must be conducted
at all times in a manner that, in Holder's judgment, (a) shall have no material adverse
effect upon the Conservatio~Purposes or Conservation Values and (b) az'e otherwise
in conformance with this Coif anon Easemen
~ ~ [~~' ~
25 Endangered Wildlife Own e~ake `atl b e,efforts to conduct the
~I I ~~ ~~
permitted activities on the Corxatiorf~ye~.s~r~}~ restrict if necessary the permitted
activities on the Conservation Area, in a manner~e`d to avoid harassment of and
interference with the nesting ox other habits of any species of wildlife classified as
endangered under the Endangered Species Act of 1973, as amended, or similar
protections afforded under applicable state law.
a,
2 6. Limitations on Aa~iculturaAstivities ~ ~ ctyvxties within the Conservation
Area shall be wnducted onl r `~cec~€e ~i~e~ following covenants and
restrictions: 11 ~~~UJU ersoffr~~~n.
lJ C~J~O/,~~ZZC~XG,7,~~
2 6 1 the term "agricultural activit}~' as used in ~s Section shall include, without
limitafion, the following: breeding and raising livestock and other animals,
and growing and harvesting crops.
2.6 2. All agricultural activity shall be locafr~~~ly: (a) outside fQregt~}eas, the
Ecotone Area (hereinafter defined) and theetl ~ C ~
(hereinafter defined) and (b) in areas,.yvJl~~idvl~ ~y~i~yyill not
interfere with natural forest successi ''a~t~JJ~d p xall~G~g~Breas or areas of
previous tree hazvesting.
2,6.3. Agricultural activity shall be conducted in accordance with soil
conservation practices as then established or recommended by the Natural
Resources Conservation Service of the United States DeI~,ent of n
Agriculture or any successor governmental office or organ"zaCto~erfo i ~~~ `~'
the same function within the United States government, as~ppFp~edt ~~
Holder. J ~J lJ u~;~~muru~n
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2 6 4 Sree removal for the purpose of wnducting agriculnual acfivity shall not be
permitted except to the extent expressly permitted for other purposes in
Article 3.
2.:7. Removal of Gr or Surface Water fro nservafion Area No Bound ox surface
water from the Constio 3 ire ved, collected, impounded, stored,
hansported, div~i 6~~sed for~~urpose or use outside the boundaries
of the Conserv t ea ose or use within the boundaries of the
~~o-~
Conservation Area that is prohibtte~ Conservation Easement
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(9nN/OG~(,~~C.37~i
2 8 Roads, Driveways. Etc There shall not be constructed, cut, created or placed on the
Conservation Area any road, rhiveway, cartway, path or other means or right of
passage across or upon the Conservation Area if the same is to be used, nor may any
road, driveway, caztw~y path or other means or right of passage located on the
Conservafion Area be rifor access to $w~ether or not upon the
Conservation Area) which i O j~~~~~o1~~se~Vrvation Easement
2.9 Live or Dead bees N' tf~o ttmg, r~c~'n' ggss~(ruction of live ox dead trees shall be
permitted upon or within the Conservatio~~L~a:~
2 10. Sims and Similar Structures No signs, billboards or outdoor advertising shuctures
shall be placed, erected or maintained within the Conservation Area.
2 ] 1. Land Disturbance, I'he`~e~_all~~e I t~i ~fing, dredging, surface mining,
drilling, or any rem ~h ~ soh ,~el, r~o~Ok, peat, minerals or other
materials, upon or ~e cL oh' ea`e m e foregoing shall not prohibit that
which is necessary for the creation an ~ once of golf course sand turps or for
the cultivation of sod for use on the Golf Course,
2.12 Dumnine. There shall be no dumping of ashes, Hash, garbage, or any other unsightly
~~ or offensive materials at any place on, under or within the Conservator Area. Owner
~~ ~ l fl~low the accumulation or deposit of manmade objects or debris that might
~~ ~_ ~1!~~e effect of interfering with the movement and nesfing of wildlife or of
n ~ ~~ l!~J " ~ ak~pR.i~itg the nahual and scenic chazacter of the Conservation Area.
v ~ 2 13~~~' ~ e of iopoeranhv. Ihere shall be no material change in the topogaphy of the
Conservation Area in any manner
2 14. Water Courses.. Ihere shall be no dredging charmelizing or other manipulation of
nat~water courses or an w courses existing within the Conservation Area as
of tnhendSf.~~f t~ ~agr~~~Ci~ment
2 15 WAt_Dh~BrDfe ~fp~e~~`dys~t' `all be no cleazing, cutting or removal of live or
dead trees, other clea~~~noval of vegetation, clearing or removal of leaflitter or
other natural detritus, or digging, earth movement or other alteration of the eazth
surface or topogaphy within the banks of any permanent or intermittent watercourse
within the Conservation Area (excluding manmade storm water swates not fed by a
spring, natural pond ox other nahrral source) or in any arms within the Conservation n
Area designated as wetland on that survey prepared by Mc Surveytn ,7~~
approved by the IJS Army Corps of Engineers pursuant to that QQ f
Jurisdictional Determination dated June 12, 2002, ActiortlIf~1~ ~ 0~ ,, ciopi~~ss,o€rrs~¢
which have been provided to Holder (for purposes hereo , e wetlan ~b ~a
shown on said survey shall remain effective notwithstanding the future expuatlon o~
such Jurisdictional Determination) (all such areas being hereinafter called a "Wetland
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Protection Area"). Ilre Wetland Protection Area sha~ be rnaintaiued in as natural a
state as possible.
2 16. Maintenance Of Wetland /Upland Ecotone Areas. Areas that are no[ forested and ]ie
within any Ecotone Area identified pursuant to SectiofY~ het'eof shall bee
for herb or shrub dominated vegetation and may only be miAr&ed " 6 e
purpose of simulating the effects of a nahual fire reB' ~a~~rl ii~ ~ i~t~,~~a
conditions for rare plants characteristic of such areas lJ IN ~~~~~~
2.17. Soil Erosion and Sedimentation Control All actvity on the Conservation Area shall
be conducted so as to avoid the occurrence of'soi] erosion and sedimentadon of
streams or other water courses Without limitation of the foregoing Owner and
~ Holder shall, in identifyin mctices that will prevent soil emsion and sedimentation,
to the soj ~ve~t-practices as then established or recommended by the
Na r' reservation Service of the United States Department of
~4~~grjs ~~~~or an~~govemmental office or organizafion performing the
same funcYioS~'~l~.~g iJnited States government, as approved by Holder,
2 18. Non-Native Plant Species. Ihere shall be no introduction of plant species within the
Consexvafion Area except those that aze now existing or native to the area in which
~ the Cons~~tteggr~wation Area is located or that are recognized as non-invasive horticulmxal
sPecr
n IV,2~~3fe tation 1~ e lion. No native vegetation shall be removed from the Consexvafion
I IN ?,9Gy~~p thou[ written permission from the Holder and issuance of all required
govea~c'ermits
2 20. Iransfers of Development Riehts or Development Density Creditor the Conservation
Area may not be used as open space for purposes of obtaining or qualifying for
governmental approval of~~rry subdivision or develop nt on lands outside the
boundazies of the Conserva rea nor r/n~l~ion of the foregoing, may the
Consetvafon Area be used 9~n~??YY~~ ~~~amount or density of housing
units or other constmctio~pt~~priielbient oxn.Ya>x~de the boundazies of the
Conservation Area or for sale by Own~i'.~0~CpQ~~~
2 21. No Subdivision. Ihere shall be no subdivision or other division of the Conservation
Area into one or more lots, tracts or parcels of land under sepazate ownership
~w"~ 2 22 Preservatio onservatioa Area the parties recognize that this Conservation
~~ e t ruts address every circumstance that may azise in the future, and the
n n ~ ~ ~ ar ' s a~ee that the purpose of this Conservation Easement is to preserve the
V CU7G~~erv°$Yronrea predominantly in its present condifion, protect or enhance the
Cons(o~ Area's rare, threatened, or exemplary natural communities, usefulness
to raze or threatened species, and contributions to improved water quality Without
limiting the preceding covenants and restrictions, any use or activity which is not
d
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reserved in Article 3 of this Conservation Easemen~ which is inconsistent with the
Conservation Purposes or which materially threatens the Conservation Pmposes is
prohibited..
2.23. Restrictions Cumulative. the prohibih d reshicti ~j a i nervation
Easement shall be considered cumulative. ~1~~n contained
herein shall be interpreted as a limita~~~ amng, offe~tinterpretation or
enforceability of another prohibitive restrictive ¢~~~~~
ARTICLE 3. RESERVED RIGHTS
Owner reserves for Owner and Owner's successors and assigns who may now ox hereafter
be owner of all or part of the Conservation Area the rights~S'rth in this Artic]
"Reserved Rights"), Owner and Holder intend that these Reservi a,~ and
uses which aze described below as the Reseted Rights ark p~i~~c, e 'o s ~t~„k~e,~bitions
and reshictions set forth in Article 2 and, hence, may be cbh'dulc ed as~Pe".4 elow
notwithstanding the prohibitions and restrictions of Article 2 without having an ~~gse effect on
the Conservation Purposes. Notwithstanding the foregoing, the Reserved Rights set fodh in this
Article 3 shall not be constmed to permit Owner to violate the provisions of Section 2.3 which
shall supersede the provisions of'this Article 3.
3,1. Completion of Constuction.hall hav~ r,~I~i~~erfonn such work in the
Conservation Area as is necess ¢ l~f Course substantially in
accordance with plans provide ~e~'ore t1Y~'d2~fa'tYF~ of this Conservation
Easement, Without limitation of the foregmn~~t~s~all take all feasible
measures during construction to avoid sedimentation an erosion into the Wetland
Protection Area, Further, disturbance of the surface and removal of trees within the
Wetland Protection Area shall be avoided, except that Owner may constmct elevated
cazt paths ar~d bridges in accordance with the plans provided to Holder, and Owner
may removes and other veIP?r? o ~n forced carry or play over azeas to the
extent reasonably ~~~~'play. The Golf Course Owner shall work
with Hold~~{{11t~~ a am ar~,g~;~l~pt to the wetland/upland boundaries that
reasonably'e~ft a man ally occurring herb or shrub dominated
vegetation and such identified azeas ~ 11 constitute the "Ecotone Area" for purposes
of this Conservation Easement
3 2 Outdoor Recreation Uses and Structures.
~~
3 2~~~~y conduct sales and rental activities associated with operafion of a
M n n ~ course..
3 Z.Z: ~~G~~shall have the right to operate and manage the Golf Course, and to
mamtatn, repair and replace all utilities, drainage and itiigation pipes, lines
and facilities, turf grass and other vegetation, tees, fairways, greens, rough,
sand traps, hazazds, ponds and other features of the Golf Course in such
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G"iIOO~~2?C~Q
manner as Owner determines to be appropriate, subject to the requirements of
Section 2.3 hereof. Owner shall also have the right to periodically mow or
manually cut vegetation within the forced cazry or play over areas in the
Wetland Protect n Area to the extent reasonably necessary to allow golf play.
3 2.3. Owner shall have ~~~ ~ the Golf Course, and to change
the routing of thq:~~~suclyet;0~NL~r~as Owner determines to be
appropriate, pro e88 t at tl~ a, face area of the Golf Course shall
not be substantially increased without e~` n'or consent of Holder, and
provided that no such activity shat] either occur within the Wetland Protecflon
Area or have a material adverse effect on the Conservation Purposes Owner
shall also have the right to alter, modify and relocate cart paths on the Golf
~~ omse, provided that the aggregate surface area of cart paths shall not be
~r,,n~ ~~~'(~ ~ tially increased without the prior consent of Holder.
M ~J \J `~' ~ ~d2.b4.~x°~r{~9'r may construct the following types of additional Structures commonly
~~Cc's~~~ccessory to the operation of a golf course or other use of the Conservation
Area for outdoor recreation or outdoor education: rain shelters, rest stations,
food concession stands or other structures that enhance recreation ox
education, with aggregate floor or ground surface azea of al] such Structures
not exceeding 2,500 squaze fe and provided that no such a ivity shall eithee
occur within the Wetland Protec rea ox ha a~m¢~}ein verse effect on
the Conservation Proposes. Owner ~~$ierwi~se disturb land to
the minimum extent necessaryft~ y~r ' ReserRtgkits in this
Pazagaph 3.2 4 l''~~ JG=~}~~~~
3.3. Drainaee Control Stmctures Owner may conshuct and maintain Structures necessary
for drainage control of the Conservation Area provided that such Structures are
designed for the propose of preserving wetland areas or improving water quality, if
the written approval of Holder is h'f~btained Owners 1 Lsponsible for
obtaining all necessary government perit~s ` activity and
poplder~ shall pave the right, bupt n th~ '~~'~~ ,such permits and
a royals be roduced for ins ect o d " ~ er s approval is gaoled
~,
3 4, 'Trails and Paths Owner may construct and maintain trails or paths for nature
education and outdoor recreation purposes provided that: the surface of such hails
shall (except for golf cart paths) remain pervious (such as dirt, wood chips or gavel);
the ' th of the area cleared and i roved for such trails shall not exceed that which
is neces for pedes ~~ Nf~~t use; nails shall not be located in the Wetland
Protection ~ f- ea; and such hails or paths shall be otherwise installed
in a r~ a unne~ removal, gading and other land disturbance.
3 5 Raised Walkways. ~ Owner may construct and maintain raised walkways for access to
any or al] of the land within the Property, subject to the following limitations and
conditions: (a) it can be demonstrated to Holder that it is not feasible to use any
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exisfing walkway or pathway or to Improve any existing walkway of pathway for such
access purpose; (b) construction of the raised pathway shall not, as determined by
Holder, produce any material adverse affect on the Welland Protecfion Area, the
Ecotone Area or o~any of the Conservation P oses; (c) Owner shall comply with
all other covenants ~ nrctions of this n~ ation Easement; and (d) the written
approval of Holder is ffffir~~~...''sr~ ~"d~ ~ ~G"' V
3 6. Utility Installation , caner ""'~ d maintain facilities normally used in
connection with supplying utilities, removtn ~ anitary sewage effluent and controlling
storm water runoff provided that: such facilities may only be consnveted and used to
serve the uses, Structures and improvements permitted under the terms of this
Conservation Easement or to serve uses within the Town of St. James; all such
facilities must be located underground to the extent feasible; all ~fY'r~consnvetion 77 fl
and maintenance is conducted in a manner designed to produce no ma~ryal ~~~~( ~5~~
effect on the Wetland Protection Atea, the Ecotone Area or any q( ~~ ~ atio ~x„~,~~y~~
Purposes; construction within the Wetland Protection Area shall ded ~f'i
shall be bored undergound so as not to disturb the wetland ecology; and the wn~`~~~-~1L?,
approval of Holder is first obtained.
3..7. Existine Structures Structures existing on the Conservation Area on the date of this
Consetafion Easement, whether or~ not such Structure wool&~j ermitted to be nnn~L
erected or installed on the Conservation Area under these Rest7~~ghts ~/~/
nevertheless, be repaired or restored to the condifion and dimensi o~ ~ti~"
Structure existed on date of this Conservation Easement l~Jl I l ~'~''~~~"ff~'~10-
3 8. Stands and Blinds. Owner may construct and maintain a reasonable nu ber o~tand~'
and "blinds" for hunfing or wildlife observation; provided that in the installation of
construction of any such Stmeture Owner shall comply with all other covenants and
restrictions of thi~Conservation Easement
3.9. free Cuttine.. Cuttmgi'~~'~u~e' n`~~rees shall be permitted upon or
within the Conseyyg(r~ y unr~~~~ywing conditions:
3 9.1. Owner shllahUlJJhave the~ght to eu~~~remove any trees, whether standing or
fallen, located on or within 30 feet of any tee, fairway, geen, rough, sand trap,
hazazd or other playable area (including any forced carry over of play over
area) or pond which aze part of the Golf Course, as Owner determines to be
~c appropriate for the r e((~~maintenance of the Golf Course. Owner shall also
~YB the ~~a~i~klnove any fallen trees located on or within 30 feet
~~~ r~~' cture, pond or drainage channel existing elsewhere within
IJI e totM'~5f~#~e date of this Conservation Easement or
constructe ~i pursuant to the Reserved Rights in this Article 3, as
Owner determines to 6e appropriate for the maintenance of drainage from the
Golf Course or from adjacent streets or residential areas.
~ 10
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3.9 2 On portions of the Conservation Area outside the azea described'the
preceding Paragraph tree removal shall be permitted only in accordance with
the following: (a) if such tree presents a threat of injury to persons or property
~ or blocks a trail, road or other means of access to any part of the Conservation
`'v~,rea; and (b) se~€ ~hi ~r esting, but only if harvested in accordance with
g_o~~~Mt..g~rii' practices and according to a plan prepared by a
(~ o_ al for~;~bq~gst or other natural resources professional that has
~- been a~"f"a4e'€p ante by Holder, At a minimum, the timber harvest
management pl~gt address and provide detailed information regazding
harvesting plans and protocols, road locations and design standards, and
erosion control measures. the purpose of such plan must be to protect or
restore any raze or endangered habitat in the forested areas. All tree removal
and harvesting mus~lZ,e~conducted in a ma g ~~hat will minimize damage or
injmy to the forest floor~d~ ~ L ~~~~and fauna within the
Conservation Are~~~~~ JnJn IJ ~~' ~~ffff~~rmn
I
3 9.3. Owner may remove trees to th~mo~~s~ r ' d)~xtent necessary to exercise the
eight to constmct additional Structures as provided in Paagraph 32 4.
3.10 Si s. Owner may install a reasonable number of signs of the following types:
~ n
3.10 1. signs related to the operation of the Golf Course; ? ~ I~
3.10 2. regulatory or directional signs including, for exampl ~~®~ ~I r5~~~~
i~,~,•r~y~JtmdSfrox~,~~~r
the foregoing, "no trespassing" signs, "no gunning" st~,~'oy "no ~fft"
signs; ~Q~~.
3 l O 3 signs stating the common name of the Conservation Area, the names and
addresses of the Owner; Holder or both;
3 10.4. signs advertising or directing pazticipants t~ctivit d~i~~e
provisions of this Conservafion Easement; ^ n ~nl ~~d6 `-'r
~J i J~ ~~ ~~~ffff
3 10.5 signs identifying the interest of Owner or Holder in the Co~i~s~'~~i~n Area;
and
3 ] 0.6 signs educating the public as to the ecology of the area
3 10.7. Notwithstanding the foregoing, any sign t~Ya't~'s greater than fo r~ feet in
surface azea and visible from any road accessi~~ ~T~~r~~~nVwhich
is offered a scenic view into the Conserv f '~F1 Q all be pr~1rJ?y}pless
such sign shall have no material adverse e~upon~fFEZ~~~~tion
Purposes and such sign is approved in writing by Holder
11
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((~~~~~~~'i~'~a308659 Book 230'7Page: 285
3 11 Maintenance of Slmctures Utilities Roads Trails Paths Etc.
3 11 1 Owner may maintain in passable condition the roads, [rails, paths or walkways
existing within the Conservation Area at the date of this Conservation
Easemo~3{dor constructed tiii end pursuant to the reserved rights in this
Article 3. 1'de ~i~ er ~t of maintenance, without limitation, aze:
the t' ~{f(ryj~elhl;hs or g~~t~~ptafion which threaten the safety of persons
who use or~a~~ ~oad, trail, path or walkway; the right to install or
apply materials necessary to L~o~ect or impede erosion; grading of eaeth to
maintain a passable condition or to control or impede emsion; replacement of
existing culverts, water wntro] situcmres and bridges; and maintenance of
roadside ditches..
~ nn
3 11 2 Owner~~have [ma~ain, repair and replace all utilities, drainage
and hri~ti r~>~~facilities, ponds, drainage channels, pump
stab ~ ~A" ~ et~c~a~ifl'C"gitipment located on the Conservation Area
on the date of this~iif Cliff Easement or constructed or installed pursuant
to the Reserved Rights in this Article 3..
3 12 Notice of Exercise of Reserved Riehts Owner shall notify Holder in writing before
exercising any Reserved Ri~lrt unless such Reserved Right is being exercised at the
date of this Conservation Ea`a"Ca~nt and is descx' a Baseline Documentation or
if Holder ag~ees in writing after Mr p~t~~w~o subsequent notice is
required. l~ uv I~~"
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3.13. Notice and Approval Before Exercise of Certa~~ed Rights None of the
Reserved Rights for which the approval of Holder is expressly required under [his
Conservation Easement maybe exercised without first satisfying the following
conditions and requirements:
3.13.1. Owner shall notify Holder in writing~exercis~~~y ~~'~~eserved
Righta. ~~~ I,ll~~
3..13..2. Holder must be satisfied, as evident by its pr~Y'4'~ val of
Owner's proposed exercise of a Reserved Right, in the reasona le exercise of
Holder's judgment, that any use or activity done in the exercise of the
Reserved Right will: meet the requirements and conditions for such Reserved
Rights; and have no material adverse effect on the Conservation Purposes or
`b"e significant en ~al features of the Conservation Area described
in th~ e~efv~Y~n.
I~ f~
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3.13.3. caner d(fd exercise a Reserved Right without prior approval of
Holder, where such a al is expressly required under this Conservation
Easement, such exercise of the Reserved Right by Owner may be treated by
Holders in Holder's sole discretion, as an action that was prohibited by this
~ 12
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(~OR9/n'90oGr ~~~~~^~' Inst # 308659 Hook 2307Page: 286
Conservation Easement a~ful~ as if the Reserved Right was not contained in,
or reserved to Owner under, this Conservation Easement. Holder may, but
shall not be obligated to, accept and consider a request for approval after a
Reserved Right has been exercised by Owner. Should Holder elect, in its
~~`'~ d' e~ti,¢~, to decline to assert this prohibition and to waive a violation of the
~~~pef' xon Easement azising solely from Owner's failure to seek and obtain
nn nn ~. _~~pproval before exercising a Reserved Rights, Holder shall not be
V ' ~9G9©~~~~~ e~y obligated to do so in any future circumstance or event
3.14. Procedure for Obtainine Annroval, Holder's prior written approval of the exercise of
Reserved Rights for which approval of Holder is required shall be obtained,
conditionally obtained or declined according to the procedure provided in this
Secfion. At least ninety (60) days before Owner begins, ox a s, any exercise of n
Reserved Rights on the Conservation Area Owner must noti in `~"
~~~
Owner's hrtentions to do so. Such notice must include plans ^~ ~ i~ bfailY
as Holder requests, the construction or other use ox activity, 11'dd~~t~~of ~~©~~ `~'
which Owner intends to undertake. Owner may also be required to present to F~o1i~
fox review any applications to, and approvals or permits issued by, any governmental
entity that is requhed fox the exercise of the Reserved Right fox which Holder's
approval is sought. Holder may request additional information ox details not provided
by Owner~egarding Owner's proposed exercise of Reserved Rights as Holder
reasonably'' ' vas necess ~~~ ~ compliance with this Article. Holder shall
have sixty (45) I~~sl'~he notice or, if later, any additional information
regarding @ uYe or ~,fkmg~xested by Holder, in which to make one of
the folio 1 ~ete[m>~~t
3 14 1. Approve Owner's proposed exercise of a Reserved Right in accordance with
the materials submitted by Owner Approval on such terms shall constitute a
covenant by Owner to exercise the Reserved Right solely in acwrdance with
`~ the notice and o 'formation submitted to Holder; which covenant shall be
nn__ M~rrFo~ as Fully as if'set forth in this Conservation Easement..
3 1~ a "~pi e~ pr posed exercise of a Reserved Right in accordance with
the maters ~'rxT(tted by Owner but subject, however, to such qualifications
and conditions as Holden may reasonably impose in its notice of approval
Such qualifications and conditions shall be limited to those which Holder
deems necessary to: assure compliance by Owner with any of the express
~~ covenants or esnictions of this Conservation Easement, preserve and protect
I~ n Purposes or restrict Owner's exercise of the Reserved Rights
uv O ~ ~h~ ioh Owner has represented to Holder . Approval on suoh terms shall
w cons"tF€fiFe"B~enant by Owner to exercise the Reserved Right, if at all, only
~~O~t~~$~rce with the notice and other information submitted to Holder, as
modified or supplemented by the qualifications and conditions that Holder
13
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t~ 308659~Fdok 2307Page: 287
~~17C~~,
imposed; which wvenant shall be enforceable by Holder as~hlly as if'set forth
in this Conservation Easement.
3 14 3. Decline to gent approval of Owner's proposed exercise of a Reserved Right
on the bas~,o~the notice and € ~ 2t~cials submitted if, in 4 e reasonable
exercise of Ho}d~r~'s ~tdg V ~ east fails to meet the re uirements of
this Con~etv,~i' ~s e $~A~J,d~dec decline to grant approval Holder
shall set of wri ns
3 IS Limits on lime Io Exercise Apnroved Reserved Ri t Unless a longer period is
expressly provided in writing by Holder, any activity involving the exercise of any of
the Reserved Rights approved liy Holder as aforesaid shall be completed within five
years after Holder's written detemilnatig, of approval of the actiya If such
approved activity has not been complete~~n su ~sp~~~ea~d=then Ownee
must reapply for approval by Holder arc rd~} rbh~tre set forth in this
Article, Owner may request Holder's ~iQva~ d j4h~1'(~~ five yeazs and
so long as such request is not, in Holder's sole judg~e~i'~~g,~tent with the
Conservation Purposes, such approval shall not be unreasonably withheld.
3.16, Repeated Recuests. Owner shall be free to make further requests for approval of the
exercise of Reserved Rights; provided, however that Holder may decline to accept
repetitive submisst of mateciall d~fye~, ~m prior submissions not accepted
byHoldec:. ~ ~~~
, rM 1
3 11. Costs and Ex enses'of Revi~omvaL Owner shat] be responsible, as a
condition of the eight to exercise the Res ~ _ Rights, for payment of Holder's
reasonable costs and expenses, including legal and consultant fees, associated with
review of Owner's request for approval .Holder may condition consideration of a
proposal for exercise of Reserved Rights upon the deposit of a sum of money with
Holder to secure paym°'of Holder's reason~~ s of review. T'he time peccod for
Holder's considerationn onffer' rggn~~s' ! is~~ until such deposit is made
3. ] 8. Limitation of LiabilitS.~ Mi'~a's~ ~ ~~r~-~'ven ~ia~ariy of the above Reserved Rights
may be exercised, in such manner as Ownet~{~t propose, without having an
adverse effect on the Conservafion Purposes or other significant ecological values of
the Conservaton Area The foregoing procedure is established for the purpose of
making that detetminafion. The Reserved Rights for which the approval of Holder is
expressly required in this Conservation Easement ma3~not be exercised unless and ng
until Holder is satisfied that the exercise of the Resetve~ht for w 'ch~~~o~ly~
sought, and in the manner proposed by Owner, can be do ~ ve e effect
on the Conservation Purposes oc othec~ significant ec~ fthe~p~fft~~
Conservaton Area. Owner hereby waives, for Owner, and Owner ~~e~bf~s~~egal
representatives, and assigns, to the fullest extent allowed by law, any and all dg t to
seek or recover damages from Holder in any litigation or other legal action arising
14
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~~~~~~n~
M U ~ ~~ u~~~~e

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~~ ~ ~~ ~w~~~~a
J ~(tiiC~~Q In.;t # 308659 Book 2307Page: 1.89
from a d~~i to over Holder's exercise of its rights, obligations or interpretations under
this Article 3 and agrees that the sole remedy or legal right to seek redress azising
from any decision of Holder pursuant to this Article 3 shall be to seek a declaratory
judgment or other legal declaration by a court of competent jurisdiction as to the
rights of Owner hereunder.. `'.",~p~ ~~~~
ARIICLE 4.. HOLp~'~$, ~~E~~1'~,®~~~
IIJJ ~~ ~~ ~rN'0~~17~sri=l
4.1. Best Efforts to Enforce Holder shall use its best efforts todforce both the rights
granted to it and the restrictions imposed upon the Conservation Area under this
Conservation Easement
4 2. ~~Snabili to Enforce: Proc dare. If at any time Holder or any successor or assignee is
u~s~Q toe l ~ Nation Easement or if Holder or any successor or
rg~e, ~f~~ rights under this Conservation Easement ceases to exist or ceases
Iel ~a~~`~tq~~~d ~' '~'b'tt" (as defined in the Code) and if, witlrin a reasonable
period of time a`~i~gccurrence of any of these events, Holder or any successor or
assignee fails to assign all of its rights and responsibilities under this Conservation
Easement to a "qualified organization" and "holder", then the rights and
responsibilities under this Conservation Easement shall become vested in and fall
upon another qualified organization in acco~ance with a proceeding befofie', and the
order of, any coact ofcompetent jurisdicton ~~ ~~~n
4.3. Assienment by Holder Notwithstanding th~fo~i ~~ hia~'elshis
Conservation Easement to the contrary, Hold and its suEc~ srgns shall
have the right to assign, either wholly or paztially, its right, title and i~n Brest hereunder
provided that the assignee is a "qualified organizalion" under the Code and provided
that the assignee shall hold the Conservation Easement exclusively for the
Conservation Purposes The term "Holder" as used in this Conservation Easement
~P ~~ the above-named Holder and any of its successors and assigns during such
~~ any such entity is the holder of the rights g<'anted to Holder in this
~~ ~~~~3~~~A~RIKLE SnREMEDIES AND ENFORCEMENI
5.1 Remedies Generally Holder shall have the right to enforce by proceedings at law or
in equity each and every one of the covenants and restrictions set forth in this
Conservation Easement The foregBrtshall not limit any of tt~ rights or remedies
available to Holder' as specifically set f`- n an s^-C~b~nservation
Easement. Holder's remedies describe i~~~e cumulative and
concurrent and shall be in addifion w o4°fi@pe~t°available or
existing at law or in equity. ~/0~~Q4QC?
M ~ lJ~n~~~ c~rc~ ~rc~rc~
15
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M -~~~~~~~~~~??~~~~~~~~"'~' Inst # 308659 Hook 2307Page: 289
52. Remedv of"Sdecific Performance. Without limitation of any other tights ofHoldex in
this Conservation Easement, Holder's eight of enforcement of this Conservation
Easement shall include the right to seek specific performance by Owner of the
restoration of the Conservation Area to its oxigin~l condition as established in the
Baseline Documentation or to its condition prior td activity that viol s t
Conservation Easement or as otherwise may be necessa~ ~ a ron of
any easement, covenant, prohibition or restdctio t~ ~ ~n~n~sasepx~rcG es
Holder may elect. ~~J~ Q9,/~90~
CGaGi7Q~~.
5 3 Remedy F allure to Pav Certain I axes. If Owner fails to pay taxes or other
govemmental assessments which may become a lien on the Conservafion Area or
upon this Conservation Easement or the tights it represents or that it grants to Holder,
~ Holdear~ 5m~a k1µ1 shall have no obligaton to, pay such taxes or assessments ox any part
" I ~0 ~ 1 ~A1 ~ (10) days after sending written notice to Owner, according to any
" I ~, ~`8tllg s`ta event, or estirnate procured from the appropriate public office Paymem
M ~, ~~~xaddrEf~''EIdPd~e shall become a lien on the Conservation Area in favor of Holder
`u~~?, t by Holder and shall bear interest until Holder is paid by Owner at the
rate of t percent (12%) per annum or at the highest rate of interest per annum as
is allowed by applicable law, whichever is less.
5 4 Natural Events Not a Violation Notwithstanding anything herg~n to the contrary,
Holder shall not bring any acfion seeking to enforce this ConserJn'~iglr Easement ~(j ~S~~
against Owner, not shall this Conservation Easement be considered to ~ ~ S
violated by Owner, as a result of any damage to the ConservatiQQ}}~~ ~~jj qq ~I~ bga~t^c~vtmG
considered a violation of this Conservation Area if such damag&~a§~e res~l~'~~
namml event such as an earthquake or flood, wind, lightning or other storm event,
including those events commonly referred to as "acts of God", nor as a result of any
emergency measures reasonably taken by Owner to abate or mitigate significant injury
to the Conservation Area as a result of any such natural event,
~a n~
Q N ~ 'dLY s of Enforcement Ihis Conservation Easement may only be
M ~ ~ el~ Owner and Holder and no third party beneficiazy rights, rights of
& cem~~Y~" rights are created or intended to be created or granted by this
C~i~ia't!~{l~asement in or to any other person or entity, the public generally or any
governmental authority except to the limited extent necessary to undertake an action
under Section 4 2
5 6 Reimbursement of Expenses of Enforcement. In the event that Holder acts, after
notic€~€g, caner, to er~f s nervation Easement or any obligation hereunder,
all reasons ~~by Holder shall be charged to and paid by Owner,
ine~l~atto7,~oysrs regaz~dless of whe[hee an action or proceeding is
co enced ~`'~ s, together with costs of collection (including
reasonable attorneys' fees~s 111 be recoverable by Holder and be subject to
collection by all lawful means for the collection of a debt under the law of'the state in
16
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~~
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~.

~~
~=/ ~ o raB~~~vLnst >F 308659 Book 2307Page: 290
OUG3~'G'Fi~
which the Conservation Area is located and shall be liens upon the Conservation
Area, and collection thereof maybe enforced by foreclosure and sale of the
Conservation Area.
5 7. No Maeer of Iitle. Notwithstanding anything to the contn this Conserv r
Easement, should Holder become an Owner of any portion of t~? o ~ ~ ~ ''
this Conservation Easement shall not merge with any int ~~rvaY
lr'lr'fiCII,~3
Area upon conveyance to Holder and title shall be haasf~su jec~a`~ - ggu__ed
validity and enforceability of this Conservation Easement in accordance wi~'1'zd4's
of the State in which the Conservation Area is located hr such event the rights of
Holder under tins Conservation Easement as to the portion of the Conservation Area
owned by Holder shall Forthwith be bansferred to a "qualified organization" in
accordance with Section 4 3. or, i4'necessa~2.. rr
~ ~L
5.8 Reimbursement of Expenses of Liti ation S " I~ o>~ acting by,
through, under or on behalf of Owner, cor~yr~a p~tJ~,agaPr~YsP~Y`d'I~Er'ito enforce
any rights hereunder or to dispute any actions or inac5on- o~`F{o enforce any
alleged duty or obligation of Holder hereunder or to seek damages or specific
performance against Holder then unless Holder is finally determined by a court of
competent jurisdiction, beyond right of appeal, to have acted in an arbitrazy or
capricious manner and~contrazy to the terms of this Conservation Easement, then
Owner shall reimburse ~dt€ler~ on demand f - P ~pg~~d expenses, including
attorneys fees, reasonabty ine e~~Ol r "nits defense in such litigation. holder
shall not be considered, fo~~~~ en a~lt~fp`hC~:§Eapricious manner solely based
on the fact that Holder4lr'd of or ~~~~~~~} in legal proceedings or that Holder
is determined to have acted contrazy to the term'k"nf this Conservation Easement.
5 9 No Waiver ofRi hts of Enforcement the failure of Holder to exercise any of its
rights under this Conservation Easement on any occasion shall not be deemed a
~F~~ waiver of said righa~td Holder retains the eight in perpetuity to require full
oampE,bt~.v the covenants and restricfions in this Conservation
~~ maar~~mc.~e
~~~~~L~CLE 6.. GENERAL PROVISIONS
6.1 Vestine of Real Property Interest. Ihis Conservation Easement gives rise to a real
property right and interest immediately vested in Holder, I'or purposes of this
Conservation Easement, the fair m:~xket value of HoldePs right and interest shall be
equal to the difference between (a) tg' market val ~.f , ervation Area as
if not burdened by this Conservation Eas~~la~r ~~{J~te7 {market value of the
Conservation Area burdened by thi i e n aserft~ytyrrsrsru~n.
6 2 Rules of Construction and Interoretalion. the parties ecogn2E the environmental,
scenic, and natural values of the Conservaton Area and have the common purpose of
preserving these values Any general rule of construction to the contrary
17
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mss®r~en,
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~~~~~ ~~~~p~~
lJ ~'G~'LZG~'S~ti1~1.

nn nn ~ ~ ~ ~ ~~~ r~:ut Inst R 308659 Book 230 ]Page: 291
IJJ C~9~0/,~~pQ
notwithstanding, this Conse~~on Easement shall be liberally construed in favor of
the gant to promote, protect and fulfill the Conservafion Pmposes and the policies
and purposes of Holder If' any provision in this Conservation Easement is found to
be ambiguous, an interpretation consistent with the Conservation Purposes that would
render the provision valid should ~~'ored ov~e{r many r r~~{~on that would render
it invalid, If any provision of this Cons~~' ' H~ °'d"et2r~inined by final
judgment of a court having comp s~' o t e~,+~auch determinafion
shall not have the effect of renderi e rem~r~ cons of this Conservation
Easement invalid. The parties intend that this Cons~a~~r~sement, which is by
nature and chazacter ptimazily prohibitive (in that Owner has restricted and limited
the rights inherent in ownership of tke Conservation Area), shall be consaued at al]
hmes and by all parties to promote, protect and fulfill the Conservation Purposes.
In ti L'Owner covenants and agrees to indemnify, defend, reimburse, and
M ess Holdee, its directors, officers and employees from, for and against any
uv ~~,~p ss (h~e{'°defined) to the extent such Loss arose from an Indemnified Cause
v'~h~~fined) A "Loss" shall mean any loss, liability, penalty, fine, damage or
reasonable cost of any kind or nature whatsoever which Holder or any of its directors,
officers or employees may reasonably be concluded to have suffered, paid or incurred.
The term "cost" shall include, but shall not be limited to, reasonable attorneys' fees
and witness and watt fees. An "Indemnified Cause' shall mean any of the follow'ng:
the violation or alleged violation of any law in, upon'' volvmg the ~
Area by Owner or anyone acting by, for, thtnugh or under c~ ~o~ er,
including but not limited to any tenant, conhactor, ~~ ~ e ~c invi~~af~l
Owner; any breach of wvenants and restrictions in`this Cons ASE') t by
Ownet or anyone acting by, for, through or under the direction of Owner, mce ing
but not limited to any tenant, contractor, agent, licensee or invitee of Owner; any tax
or assessment upon the Conservation Area or upon this Conservation Easement or the
rights it represents or that it grants to Holder; any death or injury to any person
occurring on or a19 a Conservation lien or attempts to enforce a lien
asserted against the Co olio ~s f performing any work on the
Conservafion Are 4~s e o an ro~etty on or about the Conservation
Area; any dispute~ing Q3A[r,~rjoPgarding the interpretation or
enforcement of this Conservahon Ease to which the interpretation or
enforcement of Holder is upheld; or any lawsuit or governmental adminishative or
law wforcement action arising in connection with the Conservation Easement or the
Conservation Area which is commenced or threatened against Holder or any of its
directors, officers or employees or to which any of the forp~oing are made a party or
called as a witness; but "Indemnified Cause" shall not inclu Then (a) a . ~p~
Indemnified Cause which results from Holder's own acts wM ~ ~ "~
determined by a court to have been the result of bad faith:ln`~ ~ willfuh"~~~
misconduct of Holder or (b) any such Indemnified Cause w~~'ch arises`c~ff`t{'
solely from events which occurred after a person or entity who was an Ownerund~e~r~'
this Conservation Easement is no longer the legal or equitable owner of the
18
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u v ~Ll7n"'G6G~P~ Inst # 308659 Hook 23tr7Page: 292
~~OL~j~f~G'
Conservation Are~~any pazt thereof and is no longer in possession of the
Conservation Axea or any part thereof (it being understood that one or more
subsequent Owners shall have such indemnification, defense, reimbursement, and
holding harmless obligation).
R~
6 4 Responsibilities and Liabilities of Owner ~`filr¢ li herein to
the contrary, Owner shall (a) retain all res ~~1~'cJyc~ ,fists and
liabilities of any kind related to the owner~eratfoffg~~~d maintenance
of the Conservation Area, including the general liability insur erage and
obligation to comply with applicable ]aw and (b) pay all taxes, levies and assessments
and other governmental or municipal charges which may become a lien on the
Conservation Area or upon this Conservation Easement or the rights it represents or
t~ t it grants to Holder/~inclu~ding any taxes or levies imposed to make those
Pa~g ~~lJ~~ "i~
6 5 Allo 8 ' ceeds Ffllla - ~ xtineushment of Conservation Easement. It is the
rrltention of ~ ~ ~~~~,,yyo change in conditions, including for example but not for
limitation of the foregoing~Yranges in the use of properties adjoining or in the vicinity
of the Property or Conservation Area, will at any flme or in any event result in the
extinguishment of any of the covenants, restricfions or easements contained in this
Conservation Easement. If, however, notwithstanding the foregoing intention, any
cause or cirtance eves rise e~ t~nguishment of this Conservation Easement
or a material term r ~ judicial proceeding then Holder, on any
subsequent~e~b`~elbr mvg~~nversion of the Conservaton Area, shall
be entitled portion eds of sale equal to the greater of: (a) the Fair
Market Value of this Consement (hereinafter defined) on or about the
date of this Conservation Easement; or (b) Holder's Proportionate Share (hereinafter
defined) of the proceeds of sale, exchange or involuntary conversion of the
Conservation Area "Fair Market Value of this Conservation Easement" shall mean
~~y~~ the dif#'etence between (i) the fair market value of the Conservation Area as if not
`~~~ ~ (~'~~~~-l}ry this Conservation Easement and (ii) the fair maket value of the
~~ ~~ `C'onservation Area burdened by this Conservation Easement. "Holder's Proportionate
I.I\- ~~~C~~ rS~~' 11 mean the fraction derived from (x) the Fair Mazket Value of this
L~s~rvation Easement on or about the date hereof, as a numerator, and (y) the fair
market value of the Conservation Area if not burdened by this Conservation
Easement, on or about the date hereof, as a denominator "Proceeds of sale" shall
mean the cash value of al] money and property paid, transferred or conhibuted in
~ynsideration for, or as otherwise required as a condifion to the sale, exchange or
m tary conve~rs~i~ qQ~~ ~@ C~nservafion Area minus the actual bona fide expenses
of sue ~ ~ ~"'~Ari~dr'nount attributable to the improvements constructed upon
?~~f~n h Aregs~plnto the Reserved Rights hereunder, if any. All such
p€dceeds re~ei~J~~ysHolder shall be used in a manner consistent with the purposes of
this gant q
19
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toea~rr~;r~a Inst p 308659 Hook 2307Page: 293
~~O ~?~
6.6. A~oc~tt,~Proceeds of Condemnation Whenever all or part of the Conservation
Area is taken by exercise of eminent domain by public, corporate or other authority so
as to abrogate the restrictions imposed by [his Conservation Easement, Owner and
Holder shall join in appropriate acfions at the time of such taking to recover the full
value of the t and al] incidenta/I o~~~,,rr~e~c damages resulting from the taking. All
expenses incurred y~wn E(15( (me{ridmg reasonable attorneys' fees, in any
such action shaf~l ~~~~ rte' f't~r~F- ,e~roceeds Holder shall be entitled to
Holder's Prop hi~t~e h~ayq",1~j~ ecovere proceeds and shall use such proceeds
in a manner consistent with the pur~~s~'?B#this gant The respective rights of the
Owner and Holder set forth in Section 6..5 and this Section 6.6 shall be in addition to
and not in limitation of, any rights they may have in common law with respect to a
modification or termination of tMs Conservation Easement by reason of changed
con¢ylions or the exercise of p~GGgs of eminent domain as aforesaid.
~~~~ ~
6 7 Amendment ' i~Od`f9ca'tia~of Conservation Easement, Owner and Holder
recd, r , t ~c ,umstarf~§~xYb'SYy~Z~rise which would justify the modification of
certain of the res ~ ~i;}~ned in this Conservation Easement. Io this end,
Holder and the legal owner or owners of the Conservaton Area ory if the
Conservation Area has been legally subdivided, the Owner of that portion of the
Conservation Area affected by such amendment at the time of amendment shall
mutually have the right, in their sole discretion, to agree to amendments to this
Conservation Easement which are not ri~cppsistent with~~s~h~tion Proposes;
provided, however, that Holder shall have no pn ree to any
amendments hereto that would result iln~l~ ~~tt ~on Eas~pt§rit=Mailing to qualify
as a valid conservation ag~eement und/;~flie "Stat~'US~~y~g~,Easement Law", as
the same may be hereafter amended, or as a qualified conserva~f"'Kin conhibution under
Section 170(h) of the Internal Revenue Code and applicable regulations
6 8 Covenants, Etc Run With the Land Ihis Conservation Easement and all of the
covenants, indemnifica releases, easements~~a~d ff~~s~~hictions set forth in [his
Conservation Easement shad with, ~ ~ Y~'d d~id~rbinding upon Owner and
Owner's successors and as i,~ r se ex ressly provided in this
Conservation Easement~_)f~~f,~' use ~ Conservation Easement shall
mean and include the above-named Owne~~~o~~of Owner's successors or assigns
that are the legal owners of the Conservation Area or any pazt thereof. The term
"Holder" used in this Conservation Easement shall mean and include the above-
named Holder and its successors and assigns, it being understood and agreed that any
b assignee of the rights of Holder hereunder must be a "qualified organization" as
"s~~ defie~ed~t . ~ i n 170 (h) of the Code, as amended, and shall carry out the
M . `~^ ~ ~~(r o older and the intent of this Conservation Easement.
6 ~~'~~ '. 'non Owner Liabili .Owner shall be and remain liable for any breach or
violatro "' ~ this Conservation Easement only if such breach or violation occurs dwing
20
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~~~~~
o~~~tQ~.

~~
M ~~~~~~~~~ n~ Inst # 308659 Book 2307Page: 299
such time as Own ~~th~~ga~r equitable owner of the Conservation Area or any
part thereof or is in possession of the Conservation Area or any part thereof
6 10. Effect On Mortvaees and Other Liens. All mortgages, deed of trust and other liens
or encumbrances upon all or any part of the Conservation Ar~rich either c9~y~ ~ n
into existence or are recorded in the place for the recording ~~ ~ ~f~ U -'
encumbrances after the date of this Conservation Easement 1 u~j t o an~ic.^©~~~uaa.
subordinate to this Conservation Easement. U~Gt9` ~~
~f!'C~~°'Li.
6 11 Rai tt of Conveyance Retained• Notice Required Nothing in this Conservation
Easement shall limit the tight of Owner, its successors or assigns to grant or convey
the Conservation Area, provided that any such gant or conveyance shall be under and
s ect to this Conservafion Ea ment Owner shall notify Holder in writing of any
sale, sfer~~~~~\ ~itlon of the Conservation Area or any part thereof,
whethe aw or otherwise, not later than 30 days after such disposition
a~li ~ ~ shall i~ffi~py of the deed, lease, or other declazation of transfer,
th date of trans~~'~lt~ame or names and addresses for notices of the kansfet'ee
6.12 Manaeerial Controi Retained by Owner Nothing in this Conservation Easement shall
be constmed as giving rise to any right or ability of Holder to exercise physical or
managerial control over da,yy-to-day operations of the Conservation Area, or any of
Owner's activities on the C't3rtrservafion Area, o e~to become an operator with
respect to the Conservafion Area"~'dt~ r~:an the Comprehensive
Environmental Response, nor n an i~t~q'! of 1980, as amended
fi 13 Compliance With Law Notwithstandin O~~~Q~°
g pmvrsror~~iereof to the contrazy, if any,
Owner shall be solely responsible for complying with all federal, state and local laws
and regulations in connecion with the conduct of any use of the Conservation Area or
the erection of any Structure permitted hereunder, and Owner shall be solely
~~ responsi le for obtaining any required permits, approvals and consents from the
"~~ ~~~~~ vemmental authorities in connection therewith.
M uv ~ ~~4 aNx~~All notices required of Owner under the terms of this Conservation
~`~G~~~ent, and all requests for the consent or approval of Holder, shall be in writing
shal3 e deemed to have been given when either served personally or sent by certified
mail, with return receipt requested and postage prepaid, addressed to Holder at the
address set forth on the first page of this Conservafion Easement or such other address
~ provided by notice from Holder or Owner to the other for the propose.
6 1~ e I n~[~r~~~~ned headings preceding the Sections in this Conservation
M ("~~~ q~,~or convenience of reference only and shall not be applied in
~ ~ e~.'91i on or interpretation of the substance of this Conservation Easement nor
shall any suc~-i~~dings be construed to add to, detract from or otherwise alter the
substance, meaning, force or effect of any of the Sections in this Conservation
Easement.
2t
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~/i70Cs~~kYst q 308659 Hook 2307Page: 295
6.16. Availability or Amonnt Of Iax Benefits Ho18er makes no wairanty, representation
or other assurance regazding the availability, amount or effect of any deduction, credit
or other benefit to Owner or any other person or entity under United States ox' any
state, local or other tax law to be derived from the donation of this Conservation
Easement or other transaction associate'cth the donation~d#ti,~~ruervation
Easement. This donation is not wndih~~~e~Lli2 or amount of any
such deduction, credit or other benefit- o ~v e no wg>-g~gepresentation or
other assurance regazding the value o onser~Yi /a1not or of the
Conservation Area As to all of the foregoing, Owner is re 1'r g-npon Owner's own
legal counsel, accountant, financial advisor, appraiser or other consultant and not
upon Holden or any legal counsel, accountant, financial advisor, appraiser or other
consultant of Holder. In the event of any audit or other inquiry of a governmental
authot, into the effect of this do ~Eion upon the taxation or fmancial affairs
involvin ex or O ~~ssors ox assigns or other similar matter then Holder
shall be rei ~ ~~rfied for any cost or expense of any kind or nature
what r~ ~~inotr7r¢Tiilder in responding or replying thereto.
6.17. Warranfies and Reores~~io~of Owner B si m this Conservation Easement,
Owner acknowledges, warrants and represents to Holder that:
6.11 1 Owner has~received and fully reviewed the Baseline Documentation in its
entirety "~ ~Q~r~~~~fl
6.17 2, the Basekn~'rifit2tion i I~
ll ~~JJ IIJw"" n~~p~-among other things:
-Photo a hs of curry t si~ f"
gr' P ~fions on the Conservation Area
-Aerial photogaph of the Conservation Area and surrounding area
-Narrative description of the sigrificant ecological and other conservation
values and chazacteristics of the Conservation Area.
~~, -Soils ma o~the Conservation Area
~~~A
~Q ~rT~q, ¢o~ a~nap ofthe Conservation Area
~J ~'-' ~~~ B~la`Jf~` 'cementation is an accwate representation of the condition of
~~''~6i~'pfvv~i~on Area
6 17 4. Owner has been represented by counsel of Owner"s selection, and fully
understands that Owner is hereby permanently relinquishing property rights
~ which would otherwise permit Owner to have a fuller use and enjoyment of
`" e%~~iservation Area.
~~ ~ ~ ~~~~~ ((~~{~ersigned individual or individuals signing as or on behalf of Owner
(~lldl'Q~~j~~has all legal authority to enter into this Conservation Easement and perform al]
~~te obligations of Owner hereunder, as the binding act of Owner
22
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MCSOIT'C~~3
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Inst 8 308659 Book 2307Page: 296
6. 7~Q Owner is seized f th C
o e onservadon Area m fee simple title, except for the
reservation of mineral rights recorded in Book 634, page 48, Bmnswick
County Regishy. Owner has the right to gant and convey this Conservation
Easement The Conservation Area is free and clear of any and all liens and
e>idu~br~ances~e~ gens5f¢~t~Ces not yet due and payable.
6.18. Govemi b ~ \/rJ~~//~~
s nservva~~~ent shall be governed by and construed
under the ~ e ~"$t~~e Conseroafion Area is located.
6.19 Mu]Gple Counteroarts, This Conservation Easement may be executed in multiple
counterparts which, when assembled and recorded together, shall constitute one and
the same legal instrument
I'O HAVE AND I'O HOLD the easements 'ghts ~:f t~ ^t
Easement unto Holder, its successors and assigns, Gu nservaficn
~~~a'r, benefit forevee.
~, tn~~©~eac~
IN WIINESS WHEREOF, and intending to be legally~ou~ii ~p y, Owner and
Holder have executed this Conservation Easement as of the day and yeaz first above written:
~~;
CL~ ~~ aCo ~~S~p~
PCctr~
IHE RESERVE CLUB AI SI .JAMES
PLANTATION, LL.C, by its Manager, Annapolis
Management Co , LL C
By: ~' ~_
A, Atkinson, Ir. Manager
BRUNSWICK COLJNIY
NORTH CAROLINA ,;7~ ~
~~~~ ~ ~p
I oertify that the followin n~ ((11 ~~ acc~~~ruts
g person personally appeazei~b'~to7e md~4il~a~~knowledging
to me that he voluntarily signed the foregoing document for the purpose stated ther~~nd in the
capacity indicated: John A.. Atkinson, Jr..
Date: d~ia~, a,3 - 200
JT~`~
~~,,~aaeaeaay~
~~ ~~ ~~
Q -lr-^~ g
PUBUO SS
~'.y9~ V~J`O
''... ~'fR CD.e~ 23
of
Public
My commission expires: =L -e20 - i a
~lJ) I1~~ lJ(9c~n2~i~c~n6s~^c~
L'NOG"C'InZ'L~.S
n~li vO~~~
~W~ O C''~ ~s L 7 ~S lI~ i

~~ ~
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Inst # 308659 Book 2307Page: 297 ~U~~f7"C~17
Q t flU~
NORTH AMERIC LAND IRU :~''
By ~ u
An~Yee/~(~~'~..1 s e fd'en •~h... •.^
lJ ~J/~OI~Lz~
SIAIE OF PENNSYLVAMA ~'Q~~,
COUNTY OF CHESIER
I, ~~-!~' /Y1 d1 Az7A aNot~y ~ublic, certify that ANDREW L.
JOHNSON personally camee me th' d//wledged that he is President of
NORTH AMERICAN LA i ~aJ ~ t corporation, and that he as President, being
authorized to do so, execr~ ar on~~~f"~he corporation
WITNESS my hand and official seal this the o23 day of.__pgr~pl RKA,1J.~7'J'S
i
[Notazy Seal] ; s~ hi''~
~ n ~ d0 ~
~ g~^'~ ~~~~L~ Notazy Pu lic ~ . MN9n~e
My commission r U L' ~, ry,,r, ~/ .,`+ l ~
Il ~tro~~lc~ra~
~~ ~~~ No~oal `;eal --
Harm M. Mauer, Notary P Gic
Pennsbury TVry., Chester COm~j
L hTj Canmission E:qures AUg.22, 2006
Mev:C;;r Penns~f~rarva i$S[Cy FA/I Of NoL rce~
~ r,
(~L';uJC;~tf(4L3
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24
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~c~ n
Brun:;wick ~~ ~~~~~
Robert J- ~~ t+c7~rvtr
Snst #3086 Book ~~L~251
12/29/2005 09:07:37gn Rec# ~g l7 ~.
After recording please retwn to:
North American Land Trust
P.O Box 467 ~
Chadds Ford, PA 19317 5 2 ~
NOTICE OF CONVEYANCE fl (~ IJnUi I ~,~~~~~Q
REQUIRED-SEE SECTION 6.11 l~J ~G~~~~pQ~~
CONSERVAIION EASEMENT
AND
DECLARAIION OF RESTRIC'i IONS AND COVENANTS
IRIS CONSERVAIION EASEMENI AND DECL~AiO~ ~~, ~
RESIRICTIONS AND COVENANTS ("Conservation Eas ~ ~ n ~eember ,
2005 by and between RESERVE DEVELOPMENT CO., ~ Norte na~imi '~
liability company ("Owner"), having an address of P O. Box 10879, Southport, ~~1, and
NORTH AMERICAN LAND'I'RUST ("Holder"), a Pennsylvania non-profit corporation
having an address of Post Office Box 467, Chadds Ford, PA 19317,
~~ ~ WIINESSEIH IHAT:
~'~~n ~ ,~ er is the owner, of those certain pacts of land consisfing of
~~ u~ ores (tfre'ttfltBlvation Area"), located in the Town of St. James, Lockwood
Folly o - wick County, North Cazolina, described as "Tract 4" (108..52
acres), `"Iiact 5" (4 ~. 2 acres), `"Tract 6" (58 28 acres), and "Tract 1" (4S.31acres) on
the Survey Plat of Reserve Phase Two Conservation Easement prepazed by McKim &
Creed dated November 15, 2005 and recorded in Map Cabinet 34 ,Pages 3035
~ Brunswick County Registry; and
~o~
~¢' r~~, ~Ioldex is a non-profit corporation, having atax-exempt status under
r, n ~ C3 tib 1~~~(1}e Internal Revenue Code of 1986, as amended (hereinafter called the
lJ "~~)~, has been established as a public charity fox the purpose of preserving and
conserving~n ~l°' habitats and environmentally sensifive areas and for other chazitable, scientific
r RET ": `.r+ mCPnRf NJ

~
~~~ asTOTAI
REC# ~- REV
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O CASH_ ~._REF__ BY~
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Inst N~~g3 r ~% 23Qge•~y~,5,2
Oo~~,L7CS'~~L,
and educational purposes and which is a "qualified organization" under Section 170(h)(3) of the
Code; and
WHEREAS, preservation of the Conservation Area shall serve the following purposes,
(the "Conservation Purposes"): `"~ ~~ i r n
Preservation ofthe Conservation Area ~~f a~~Hatuia)„~~,ty~fish, wildlife, or
plants or similar ecosystem; and ~~ U ~~ ~U`7~
CG~'3s'i~~.
Preservation of the Conservation Area as open space which, if preserved, will advance a
clearly delineated Federal, State or local governmental conservation policy and will yield
a significant public benefit; and
~ n
`~~ ~'~~~~be~ ecological and scenic signij cance of'the Conservation Area (which
~e ~ ei called the "Conservation Values" and the Conservation Purposes have been
I~Cs~fa' (i ,~d in~~p"`d{t'$, plans, photographs, documentation, and exhibits assembled by, and
retaine~rG~s of, North American Land Trust (collectively called the "Baseline
Documentation"), which describes, among others, the following Conservation Values ofthe
Conservation Area:
Protection:o~,the Conservation Area it contribute to the policies and goals of the North
Carolina "Mtltf~Acre~I ed and campaigned by the North Cazolina
Division of e2~Br and North Carolina Depaztment of Environment and
Natural R~~>~~ 13i~~ tlY~~rolina Natural Heritage Program); and
o ~~
the Conservation Area is withtt`~t~4vatershed of Beaver Dam Creek and the Atlantic
Innacoastal Waterway; and
the Conservation Area contains wetlands regulated by the U.S. Army Corps of Engineers
pursuant to the federal Clean Water Act and regulated by the Carolina Division of
Water Quality; and ?~ ~~~~~[~~
The Conservation Area contains several Cazolina Bays chazact~©~" fffVVVJJJ ~ ~~~~,,, ualif"yr'"~~'~''~~'a
example of the L ow Pocosin natural community type which contains potential~n~i~(t~gyiq
a number of raze plant species including rough-leaf loosestrife (Lysimachia asperulifolia),
a species listed as Endangered by the U.5 Fish & Wildlife Service; and
Notable wildlife habitats inclr}~e a semi-mature swamp forest, blackwater streams and
abundant tempor) pools (man ociated with "pi-4~ttq~p~topography created by
wind-thrown trees;and ~~((~d~/N
ffi f~ () ~~ e~~c~~m-rr¢~e
the swamp forest provides brb~ing habit~~ffQ~&~~~ al migant songbirds; and
~~ ~ ~~~~~
O~~'O~~"~'~~2

~, ~~ °
e '
pp C ~ ~ ~ prvmn~G=i'~i Inst Y 308658 Book 230TPage: 253
~J ~ Ct9nMOo(~l,=~~LC
T'he temporazy pools and streams provide habitat for many species of amphibians,
including tare species such as the Mabee's Salamander (Ambystoma mabeii), Mole
Salamander (Ambystomoa ta[poideum) and Ornate Choms Frog (pseudacris ornate); and
`~`''°~~ the Am ~~ligator (Alligator mississtppiensis), aState Ihreatened Species, is
~a I ~ci~~6b erved in the area and likely uses the Conservation Area es foraging,
n n M ~ I~ers~,~~ibly breeding habitat; and
l~J I1 ~ P~',t~v0~~17r~
the Ttmbattlesnake (Croialus horridus), Glossy Crayfish Snake (Regina rigtda) and
Black Swamp Snake (S'eminatrix pygaea), al] State Raze Species, may also use the
Conservation Area for breeding, foraging and dispersal habitat; and
the Conservation Area shall, by being preserved frorfr, a impacts of residenripl n
development, contribute to protection of water quality; an` (/~
~~((;~~ C~~~J
The Conservafion Area contains examples of fbm na~llddrtrfn~ o e~"~°~"1 d by
Schafale and Weakley (1990): High Pocosin, Low Pocosin, Pond Pine~r~ef'}P3tuts, and
Wet Pine Flatwoods; and
the Conservation Area is known to and does support the following raze, endangered or
~. threatened lant species as defined by the North Cazolina Natwal Heritage Program and
~' ~ t(t ~~ e ~vernment oY the United States of America: threadleaf sundew (Drosera
~,-\ ~~ ~ /~dth'the Federal Species of Concern Venus flytrap (Dionaea muscipu(a), shortleaf
~ fl ~ `UJ ye~tv,~pgrass (Xyris brevifolia), brown bogbutton (Zachnocaulon minus), and
v ~G70o(,~~g~r~d's peatmoss (Sphagnum fitzger~a[dii); and
the Conservation Area lies within the boundaries of the Nationally Significant Boiling
Springs Lakes Wetland Complex as delineated by the North Cazolina Nahual Heritage
Program and the Nature Conservancy thus adding to the protection of this expansive
ecologically significant complex rr
nL~
WHEREAS, Owner and Holder desire to perpetually c~Jo.~t~ \\ I~I~ gatGt~~ s~~t ~kf~..~~i
educational, open space, scenic and historical resources of the 1=9~etvahcfi~2.to_Cccomphs7r
the Conservafion Purposes; and ~~''22!! ~,
WHEREAS, Owner intends to grant the easement and impose the reshictive covenants
on the Conservation Area as set forth in this Conservation Easement to accomplish the
Conservation Purpo~s; and qp
WHEREAS, O ~ ~~~¢z~~~that this document be a "conservation agreemenP'
as defined in Chap ~r ~ r4 Sec'ti"dRT~"4 et sea of the Genera] Statutes of North
Cazolina, known as~ Historic ~~.a'~~rd Conservafion Agreement Act (the "State
Conservation Easement Law")
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~~~~p~
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'~~'®ffjd Inst # 308658 Book 230 )Page: 259
~W"OI,~~C~IIgQ
NOW, I HEREFORE, for and in consideration of the mutual covenants, terms,
conditions, reshictions, and promises contained in this Conservation Easement, and intending to
be legally bound hereby, Owner hereby voluntarily, unconditionally and absolutely gants and
conveys unto Holder, its successors and assigns the easements, covenants, prohibitions and
restrictions set forth in this Conservation Easem`c~in perpetuity, t ~ the
Conservation Purposes. Holder hereby accepts the gY'~t~o~s~c ~~rt~agrees to hold
such easements exclusively for the Conservati ~rtfPu~ ~rfto err~'pLc~t(i,@y,,{ecros of the
restrictive covenants set forth in this Conserva i~~ ~n ~~~~asem 9Co~~~~1~~~1,
ARTICLE 1.. GRANI OF EASEMENIS
Owner hereby voluntazilg uncondifionally and absolutely grants and conveys unto
Holder, its successors and assigns, a perpetual easement in gross over the Cgrvation Area for ~ n
the purpose of preserving and protecting the Conservation Proposes and enforcipe f ~~ ~~ ~ `~'
covenants set forth below In addition, Owner hereby gants and conveys t ~q~ ~ ~~ 3e J
successors and assigns the easement and right of Holder and its agents to et~~ U~An a e tf°"`®~'~~`~'n
the Conservation Area for compliance with this Conservation Easement at any time and~from~~`~C~'Z7~7Q,
time to time, with access over and across the Property if necessazy. Holder shall give Owner
notice of any such entry and inspecfion at ]east seven (7) days in advance, except in cases of
suspected or known violations of this Conservation Easement.
~~^ ~
~ '~'d1~WN~~
IuJ R'S DECLARAIION OF COVENANIS AND RESIRIC'IIONS
~M ~
UU ma®r~rs~naa
e~G~ _ caner and Owner's successors and assigns, covenants and declazes that the
Conservation Area stall be, and hereby is, bound by and made subject to the following covenants
and reshictions in perpetuity, subject to and excepting only the Reserved Rights set forth in
Article 3 of this Conservation Easement:
2.1. Use Restdc~'f~s the Conservation#~re hall not be used for a residence or for any
comme al aicr~' gnpu~ ~q ~1~,vi~ndushia] purpose or proposes. Among the
uses prohib,~gt~~~ e d g~s~r~tce, without limiting the meaning or
interpretati , _ t e pr~dp~~. fence, any of the following: (1) conshuction or
occupancy of any dwellings; (~Y~fufacmre or assembly of any products, goods,
equipment, chemicals, materials or substances of any kind or nature whatsoever; (3)
sale of any products, goods, equipment, chemicals, materials, substances or services
of any kind or name whatsoever; (4) storage of any products, goods, equipment,
~~~chemicals, materials or stances of any kind or nature, except if stored for use upon
Prope n-,c~~nlff{c~~vith activities not prohibited by this Conservation
~~a,$~ ~~ ~ ~ " ces for persons involved in the sale, manufacture or assembly
M ~~§f~o servir~i~re performance of services.
OG~~QC~Z7~?
2 2 Structures Prohibited. No Shvcture (hereinafter defined) of any kind shall be built,
erected, installed, placed, affixed or assembled within or upon the Conservation Area
~ ~~
~~~(~`
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~~ ~~~~ ~ ~
~~
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~~~~~~~~~~n
n (~ ~` ~ rest # 343},6t5,i1?tIC.@gnk 23117Page: 255
lJ U//U`+G~^/.~3dQ~i
or upon any trees or other nahual features upon the Conservation ~rea "Structure"
shall mean any assembly of material forming a construction for occupancy or use for
any purpose and erected upon or attached to the ground including, for example but not
to limit the foregoing definition, the following: building, platform, shed, bin, shelter,
~~~~ dan;~t~d\i e, tower, tank, antenna, and bulkhead, but excluding fences up to six feet in
~~ ~~~~Ch~~.'~6Y~ove ground level.
~ (9Uv~~~. a ~~n on Recreational Activities. Recreational activities on the Conservation
B-~ shall be limited to those that, by their nature, are likely to have no material
adverse effect on the Conservation Values of the Conservation Area Examples of
such activities which az~e included here for illustration and not for limitation of the
foregoing, include wildlife observation and photogaphy Off-road motorized vehicle
~~~ use is an example of an activity prohibited by this Section, Notwithstanding the
®fdr oing, all r s ~qr~a ~~tivities within the Conservation Area must be conducted
at ~~~ar~er Yhat, in Holder's judgment, (a) shall have no material adverse
lnJ(~°rFe~ t_~pvn e CottisetWa€ian,Purposes or Conservation Values and (b) are otherwise
m eonfomf~rf~e~,h~j'S Conservation Easement.
2 4 Endangered Wildlife Owner shall undertake all reasonable efforts to conduct the
permitted activities on the Conservation Area, or to restrict if necessary the permitted
activities on the Conservation Area, in a manner designed to avoid harassment of and
~~~ interference 't pilenesting or other habits of any species of wildlife or plant
~e cla~sifr gered or threatened under the Endangered Species Act of 1913, as
`, r, r\Q ~Cnded, or similar protections afforded under applicable state law.
U~~~
2.5 Remov~l'~~4around or Surface Water from Conservation Area No ground or surface
water from the Conservation Area shall be removed, collected, impounded, stored,
>r'ansported, diverted or otherwise used for any purpose or use outside the bomdazies
of the Conservation Area nor for any purpose or use within the boundaries of the
Conservation Area that is prohibi~d by this Conservation Easement
~q~ ~4~
2.6. Roads, Driveways, Etc. Ihere shall not~n r~c~il~rip,~created or placed on the
Conservation Area any road, driv ~^' ath ~,utbea~x~ns or right of
passage across or upon the Conse~~ron Arek;°rY~r~y~~ oad, driveway, cartway,
path or other means or right of passage located on the Cons~ation Area be used, for
access to any use (whether or not upon the Conservation Area) which is prohibited by
this Conservation Easement
2.7. Live or Dead Irees. No cutting, removal or dcshuction o~9`ior dead bees shal(~/;i (1.
permitted upon or within the Conservation Area n~;Q `/rJ' L `~G
~''I~~'~IIJ'~~~~~ ,r,^,®ffffur~t~~s
2,8. Sims and Similar Structures No signs, billboazds or out'-6Wertrstf~~rnc res
shall be placed, erected or maintained within the Conservation Area w~Q~.
a~~~ ~~n~
MC9CWffffUT~;R114

~~~ 2 ~~~~
n ~ ~ O~ ~ ~~Qf~j~~~~t~ Inst # 308658 Hook 2307Page: 256
2 9. No Subdivision. Ihere shall be no subdtvi~ion or other division of the Conservation
Area into one or more lots, harts or parcels of land under separate ownership.
2.10 Land Disturbance Ihere shall be no filling, excavating, dredging, surface mining,
~^u, drillin , oca removal ofto soil, sand,
g p gavel, rock, peat, minerals or other
MM~ a~~st ~r~from the Conservation Area
~'~ u~ TY ~D in~~~ine're shall be no dumping of ashes, trash, garbage, or any other unsightly
or off€etsev`6<}~aterials at any place on, under or within the Conservation Area.. Owner
shall not allow the accumulation or deposit of manmade objects or debris that might
have the effect of interfering with the movement and nesting of wildlife or of
despoiling the natural and scenic character of the Conservation Area.
~~ 2.12. Cha o SIo o a h .There shall be no material change in the topogaphy of the
~'~-~ f~ ~'~tt`.se i~'o~n Area in any manner
M ~,~~~
2.~3'v/~.~~d'rateaC urses.. Ihere shall be no dredging channelizing or other manipulation of
natur er courses or any water courses existing within the Conservation Area as
of the date of this Conservation Easement
2 14 Wetland Protection Area Ihere shall be no clearing, cutting or removal of live or
dead trees, other clearing or removal of vege n, clearing or remo 1 of litter or
other natural dehitus, or digging, earth movemen of er. Lo th'e~arth
surface or topogaphy within the banks of ar~y i - ~~It~w„a erco ~ e
within the Conservation Area (excluding m a sto wa es n`o~'t~ed b a
spring, natural pond or other natural source) or in any areas wd~'I~Ponservation
Area designated as wetland on that survey prepared by Mcl3emy Surveying and
approved by the US Army Corps of Engineers pursuant to that Notice of
Jurisdictional Determination dated June 12, 2002, Action ID 200200768, copies of
which have been provided t~~older (for purposes hereof;,yfte wetland boundaries
shown on said survey shall remffective otwlt~'{a~i_ the future expiration of
such Jurisdictional Determinatio~~ ~~ ~~~s
~~ ~~n v~~r~~~.~a~
2.15 Maintenance Of W etland / [YUtand EcotiSfi"~re s located within the
Conservation Area but outside of the Wetland Protec[i~ Area (the "Ecotone Area")
shall be managed for herb or shrub dominated vegetation and may only be mowed
once per yeaz for the purpose of simulating the effects of a natural fire regime and
maintaining habitat conditions for raze plants chazacteristic of such areas. n
~~ I
2 16. Livestock and Aericulture Ihere shall be no livestock gazitnhg~~ir~~ Co ~ ~/~ ~
Area. There shall be no breeding or raising of livestock or ofl f (~'~~ m~
or hazvesting of crops in the Conservaton Area l.i ~V ` (L~~ r' ~~`~~~'
N/Ol~lsF!!S~.
~ n
~~`~
lJ ~! "~ ~ ~~ C wc,,^~~scz~~~
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lV~~!~~~~ 'gF`~~30$"G58 Hook 2307Page: 257
~L~CSZ?~
2.1 7. Veeetation Protection No native vegetation shall be removed from the Conservation
Area without written permission from Holder and issuance of all required government
permits
2. ] 8 Soil Erosi''$fk~nd Sedimentation C trol Al] activity on the Conservation Area shall
be cond dt secube Ito void o of'soi] erosion and sedimentation of
streams o n '' 3~o~rses~Vithout limitation of the foregoing, Owner and
gJ~~, ~r~ff~ ~, p
Holder sh enf ~ ' v£°ices 1ha'f~will revent soil erosion and sedimentation,
refer to the soil conservation pT~~ as then established or recommended by the
Natur~a] Resour~oes Conservation Service of the LJnited States Depaztment of
Agriculture or any successor governmental office or organization performing the
same function within the United States government, as approved by Holder
~~~
Nom tw~i$la~t ecies. there shall be no introduction of plant species within the
n O ~ rea except those that are now existing ox native to the area in which
~' I ~ ~t: Cons28~3tfd'f~ea is located or that are recognized as non-invasive horticultural
s~~r~ttf~
2..20 Iiansfers of Development Riehts or Development Density Credits. the Conservation
Area may not be used as open space for purposes of obtaining or qualifying for
governmental approval of any subdivision of development on lands outside the
~`" boundaries o t~te iiservafion Area nor, without limitation of the foregoing, may the
~ o~sor~ ~ used in the calculation of the amount or density of housing
~ fl M ~u its ~o~e~,~g~~ion for development on lands outside the boundaries of the
a \J Co~{(se~~at~g~~,rea or for sale by Owner
~Q
2 21. No Subdivision. There shall be no subdivision or other division of the Conservation
Area into one or more lots, tracts or parcels of land under sepazate ownership.
222. Preservation of Conservation Area She parecognize that this Con~e{}'anon
Easement cannot address ever circumstance th arise ~e'~ the
pazties agree that the purpose of this Conservafl ~~ eserve the
Conservation Area predominantly in its prese~n[ 0~~}7otect~'~dM~ti^'be the
Conservation Area's rare, threatened, or exemplary naturaY ~o'J~"`~' ' ~~, usefulness
to raze or threatened species, and connibuilons to improved water quality Without
limiting the preceding covenants and restrictions, any use or acfivity which is not
reserved in Article 3 of this Conservation Easement and which is inconsistent with the
Conserveion Purposes or which materially drr~eatens the Conservation Purposes is
prohibite~'~ ~{' f ~,y ~ n
2 23 Restricfion , ~nun~at(vt~~The~~,~/iil~k~AFis and reshictions in this Conservation
Easemer} be cot~Si't~y~d~ ulafive. No prohibition or reshiction contained
herein shall be interpreted as a i~i1' fion on the meaning, effect, interpretation or
enforceability of another prohibitive or resufetive provision
~c~`~~ ~~~~~~
~~~~~~as~QQ
~~

rest 1! J;~~~~ ~3~~~~
`9C9~/~Z7Gc'~WL -
ARIICLE 3, RESERVED RIGAIS
Owner reserves for Owner and Owner's successors and assigns who may now or hereafter
be owner of all or part of the Conservation Area the rights set forth in this Article 3 (the
"Reserveiffhts"). Owner~,~d$} intend that these Reserved Rights and the activities and
uses which~~a^^rpp~a,~es ~ o rh eserved Rights are narrow exceptions to the prohibitions
and rest,~~~~ifAdt~r~J,1e ~.y_~t„d, hence, maybe conducted as described below
notwith r g thfj~b~99~~s~~ and restrictions of Article 2 without having an adverse effect on
the Conservation Purposes AYdfw"'1lhstanding the foregoing, the Reserved Rights set forth in this
Article 3 shall not be construed to permit Owner to violate the provisions of Section 23 which
shall supersede the provisions ofthis Article 3
3.1, Drainaee Control Structures. Owner may construct and,~,lnaintain Stuctures necess
for drainage control of [he Conservation Area provided ch Struc~ ~s~ ~t~
designed for the purpose of presuving wetland areas or rm gj~A~ed,~jt~}'i~j, if
the written approval of Holder is first obtained ~ ~ J ~7o t~w~r~rsvcr~s
3.2 Raised Walkways. Owner may construct and maintain raised wal~ a~ fo~accQ~s to
any or all of the land within the Property, subject to the following limitations and
conditions: (a) it can be demonstrated to Holder that it is not feasible to use any
existing walkway or pathway or to improve any existing walkway or pathway for such
°'~a&cess purpose; (b) co ~~c~f~f on of the mired pathway shall not, as determined by
Ho~dB~tn~kerrdl adverse affect on a Wetland Protection Area, the
~~ a~ n of the Conservation Purposes; (c) Owner shall comply with all
~ ~ e covt~ eslncehons of this Conservation Easement; and (d) the written
approval of Hod '~~a3$l obtained
3 3. Utility Installations. Owner may conshuct and maintain facilities normally used in
connection with supplying utilities or removing sanitazy sewage effluent provided
that: such facilities may only be constructed and used to serve the s, Stmctures and nn
improvements permitted under the terms of this Conservation Easem r to sore ~ ~ ~p `~
uses within the Town of St James; all such facilities be located under ~ ~`~ti~ ~
extent feasible; constmction within the Wetland Protection Area ~~ jb, tFbfz~c~ or ~cw~!~~tmtuia
lines shall be bored underground so as not to disturb the wetland ecoJlogy; and t r~~O~~4Qf~2
written approval of Holder is first obtained
3 4 Existine Stmctures Stvctures existing on the Conservation Area on the date of this
Conservation Easement may, whether or not such Stucture would be permitted to be
erected or installed on the CTatyyervation Area tt~~y~~Reserved Rights,
nevcr[heless be repaired or restoLt~~i~ltjartd`dimensions in which the
Structure existed on date qt'R~~~ ron Fly
3 S. Stands and Blinds Owner may construct~~~~{`ai'~tialn a reasonable number of stands
and "blinds" for hunting or wildlife observation; provided that in the installation or
~~~ ~ ~
~~j Q~~
,~ S
~G~o~~z~~~c~

~~~ ~~,~ ~
U tw~v®~~ad2~e Inst # 308658 Hook 230 TPage: 259
construction of any suc'tt Stmeture Owner shall comply with all other covenants and
restrictions of this Conservation Easement.
3.6 Iree Cuttine.. Cutfing, removal or destmction of trees shall be permitted upon or
within the Conservation Are~o~~ der the fol~~i~tg~~}iditions:
3.6 1 if such tree present a~~~-, Era o ~jr Y~2d ers Son property or blocks a trtrail,
road, another mean~s'd4 d'cde s Qnserva on Area or a natural water
course or drainage channel; ~~XG~'~~C7.
3 6.2.. removal of trees to the most limited extent necessary to exercise the right to
maintain and construct Structures as provided in this Article 3, if'such tree
removal cannot be avoidfd; and
3 7. Sims Owner may install a reasonab e~~~gf h ~ Mowing types:
3 7 1 regulatory or directional ~inc~ll~ ~ge~ampl but not far limitation of
the foregoing, "no trespassing" signs, "no gunsigns, or "no hunting"
signs;
3 7.2 signs stating the common name of the Conservation Area, the names and
~c,,,~ddresses of the Owner o~er or both;
~~'
3 '7.3 ~igp~~rirg'~~trechng participants to an activity permitted under the
~} °" y~~L~%~i~ CiS`ifs~s&~a`f~' n Easement;
~QpQ~
3.14 signs identifying the interest of Owner or Holder in the Conservation Area;
and
3 7~5. signs educafi~ng~the public as to the ecology ofthe azea
3 7 6~~ta otwnlltl~t~aa~tlrjl*~~ If ~egoing, any sign that is greater than four square feet in
M M Face ear a,~~~phibited unless such sign shall have no material
~ ad '
u ~' ° i ion the Conservation Purposes and such sign is approved in
writing b~d~i-2~
3.8 Maintenance of Structures. Utilities Roads. Trails Paths Etc
3 8~,,j. Ownor may maintai n passable condition the roads, trails, paths or walkways
existin~$~~~~nservation Area at the date of this Conservation
f s cted or installed pursuant to the Reserved Rights in this
]e 3. Ini+lxrded~tithin this right of maintenance, without limitation, are:
the ees or other vegetation which threaten the safety of persons
who may use or~ maintain the road, trail, path or walkway; the right to install or
apply materials necessary to correct or impede erosion; gading of earth to
LD~~ ~G~~ ~~~~~
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~~ ~x"~~'}'~~ Inst # 308658 Book 2307Page: 260
~ti'901~i~L%C~' ~„, ~~
maintain a passable cont`Yition or to cohtibl or impede erosion; replacement of
existing culverts, water control shuctures and bridges; and maintenance of
roadside ditches
~~~°~ 3.8 2.. O ~ay maintain, repair and replace all utilities, drainage and irrigation
`~ ~,~-yr xr~s and facilities, ponds, drainage channels, pump stations and other
i.~t~ -Structures and equipment located on the Conservation Area on the date of this
fl fl M ~^^~ r~
~ " v ~~~n~F~ C~onserva on Easement or conshuctcd or installed pursuant to the Reserved
p~a°gBcfs in this Article 3.
3 9. Notice of Exercise of Reserved Rights Owner shall notify Holder in writing before
exercising any Reserved Right unless such Reserved Right is being exercised at the
date of this Conservation Easement and is described in the Baseline Doc ntation or
if Holder agrees in writing after initial notice is~g~i tthat no sub~sem~5~ae is
required. (~
9~R' ~~ ~.~ro~~.rr?.,~a
3.10 Notice and Approval Before Exercise of Cert eserve ~~}, e of the
Reserved Rights for which the approval of Holder is expressly regm~re~l~rrder this
Conservation Easement may be exercised without first satisfying the following
conditions and requirements:
3.10 1 Owner shall notify Holder in writing 15@fore exercising any of su l,{eserved
Rights MM~ ~_2~~~~~~
3.10 2. Holdee must be satisfied, as evidence~~dtsl for, en ~~(it~=x9f
Owner's proposed exercise of a Reserved Right, in t~e~`f~5~ exercise of
Holder's judgment, that any use or activity done in the exercise of the
Reserved Right wi1L: meet the requirements and conditions for such Reserved
Rights; and have no material adverse effect on the Conservation Purposes or
~ on the significant environmental features of the Conservation Area described
`°~ ~,~p~A; e~qe Documentation
J 8! t0~~ ~ If fli wrrcdertakes to exercise a Reserved Right without prior approval of
M ~I ~~~OG~~r~~~~where such approval is expressly required under this Conservation
Easem-Cirt, such exercise of the Reserved Right by Owner may be treated by
Holder, in Holder's sole discreton, as an action that was prohibited by this
Conservation Easement as fully as if the Reserved Right was not contained in,
or reserved to Owner under, this Conservation Easement. Holder may, but
°'~ ~~ (rh_all not be obligated to, accept and consider a request for approval after a
`eve r~ ~( ~ ~ Ir~'Rdserved Right has been exercised by Owner Should Holder elect, in its
' ~ ~~ U ~ discretion, to decline to assert this prohibition and to waive a violation of the
CUJ/ny~ : ~~OVV~onservation Easement arising solely from Owner's failure to seek and obtain
~/~17C~s~j,~ Holder's approval before exercising a Reserved Rights, Holder shall not be
thereby obligated to do so in any future circumstance or event.
10
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fl ~ ~)l~J~~~ ~y~~/~1~2v~~ Irvst @ 308658 Hook 2307Page: 261
v 3.11. ~ro~edura for'Ob[ainine Approval Holder's prior written approval of the exercise of
Reserved Rights for which approval of Holder is required shall be obtained,
condifiona(ly obtained or declined according to the procedure provided in this
Section At least ninety (60) days before Owner begins, or allows, any exercise of
Reserved Rights"GF~h, he Conservation ner~ must notify Holder 3n writing of
Owner's intenfions tom so ~ ~' mclude plans depicting, in such detail
as Holder requ~~,,ty~y~ ~r~~•t~~,,~~pp o tia~i ~r~ or activity, and location thereof,
which Owner idf~d~'Co undd$q~~~ er may also be required to present to Holder
for review any applications to, and ap~s or permits issued by, any governmental
entity that is required for the exercise of the Reserved Right for which Holder's
approval is sought Holder may request additional information or details not provided
by Owner regarding Owner's proposed exercise of Reserved Rights as Holder
~~ reaso a y believes necessary to determine compliance with this Article Holder shall
`~~ (45) days from receipt of the notice or, if later, any additional information
n ~~ ~r garding the proposed use or activity requested by Holder, in which to make one of
\ V ~ O~ ~9f~~ing d0terminations:
~~~~ Approve Owner's proposed exercise of a Reserved Right in accordance with
the materials submitted by Owner. Approval on such terms shall constitute a
covenant by Owner to exercise the Reserved Right solely in accordance with
the notice and other information submitted [Holder; which covenant shall be
enforceable by Holder as fully as if set forth in~' Conse~~xvQati~~sc5tfeai~]
3.11.2. Approve Owner's proposed exercise of a Re ~ i 't~ui'acwr~puJb~A~if]p.
the materials submitted by Owner but subjec owever, cafions
and conditions as Holder may reasonably impose in its notice of appro
Such qualifications and conditions shall be limdted to those which Holder
deems necessazy to: assure compliance by Owner with any of the express
covenants or restrictions of this Conservation Easement, preserve and protect
the Conservation Purposes or reshict Owner's ise of the Reserved
to that which Owner has represented to Holder . A al i
constitute a covenant by Owner to exercise the ~2~se~~r~t a~n,F~IX~_
in accordance with the notice and other inform h;~lnl~y~bmi ~ o~~'er;`as '
modified or supplemented by the qualificafions and conditions tha'dg
imposed; which covenant shall be enforceable by Holder as fully as if set forth
in this Conservation Easement.
3.11.3. Decline to gant approval of Ow,,rer's proposed exercise of a eserved Right
on the basis of the notice and othe terrals subp~~i t~ reasonable
exercise of Holder's judgment, the r ~i~¢¢ a requirements of
this Conservation Easement. Srnty~y,~~ bU~l eclina~pprova] Holder
shall set forth in weiting its reasbfis. ~C~G}~Q~~~
11
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Inst # ~6~ `-Hb~, U o~~ a~~~R~~~n
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3 12 Limits on Iime Io Exercise Anoroved Reserved Rieht Unless a longer period is
expressly provided in writing by Holder, any actlvity involving the exercise of any of
the Reserved Rights approved by Holder as aforesaid shall be completed within five
yeas after Holder's written detemrinafion of approval of the activity If such
ap~e~cl activity h~~ e~~cQmpleted within such five year period then Owner
must rea o der according to the procedure set forth in this
Anti e'\ w ~y reyls$t1gr's approval of a period longer than five years and
soy ~ as sud~4'e'~e~tot, in Holder's sole judgment, inconsistent with the
Conservation Purposes, su~pproval shall not be unreasonably withheld
3 13 Reheated Requests. Owner shall be free to make further requests for approval of the
exercise of Reserved Rights; provided, however, that Holder may decline to accept
repetitive submissions not materially modifie~m prior submisrr~s, t Lcepted
by Holder ~, „~ r ~ LL/~
3.14 Costs and Expenses of Review and Annrov er shaf,J~i~~s~o~~sr~i e, es a
condition of the tight to exercise the Reserved Rights, for paym ~$lder's
reasonable costs and expenses, including legal and consultant fees, associated with
review of Owner's request for approval, Holder may condition consideration of a
proposal for exercise of Reserved Rights upon the deposit of a sum of money with
Holder to seta ayment of Holder's reaso ble costs of review. The time period for
Holder's consid~of Owner`~~~u not mn until such deposit is made.
~ l~J
3. t 5, Limitation of rh ~ssuranaafs~~3hat any of the above Reserved Rights
maybe exercis in such m~'e ~ er might propose, without having an
adverse effect on the Conservation Purposes or other significant ecological values of
the Conservation Area. The foregoing procedure is established for the purpose of
making that determination. the Reserved Rights for which the approval of Holder is
expressly required in this Conservation Easement may not be exercised unless and
until Holder is satisfied that [he rse of the Reserve\htrl~for which approval is
sought, and in the manner propos~~w e~ ~3ffiout an adverse effect
on the Conservation Purposes o r~~~orC~~ues of the
Conservation Area. Owner here es, f~l~~ d Owner's successors, legal
representatives, and assigns, to the fullest extent allow law, any and all right to
seek or recover damages from Holder in any litigation or other legal action arising
from a dispute over Holder's exercise of its rights, obligations or interpretations under
this Article 3 and agrees that the sole remedy or legal right to seek redress azising
from any decision of Holder pursuant to this Article 3 s be to seek a declaxa[ory~n
judgment or other legal declaration by a court of competent ' ' dictio ~~ ~L
rights of Owner hereunder. f~~ n G J ~ ~
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12
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n ~ ' l~oC7~~3~iPCi~ Inst # 308658 Hook 230'7Page: 263
ARIICLE~OHOLD~'S COVENANIS
4..1. Best Efforts to Enforce Holder shall use its best efforts to enforce both the rights
granted to it and the restrictions imposed ~on the Conservation Area under this
Consexvahon Easement ~y~ ~~
4.2. Inability to Enforce• Procedure If at anyrrltIi''~i%'arY~~? ~Qt assignee is
unable to enforce this Conservation Easerddif H~ successor or
assignee of Holder's rights under this Conservation Easement c~5~e~-to exist or ceases
to be a "qualified organization" (as defined in the Code) and if, within a reasonable
period of fime after the occurrence of any oFthese events, Holder or any successor or
assignee fails to assign all of its rights and responsibilities under this Conservation
~~ Easement to a "qualifie~ gqgqganization" and "holder", then the rights and
onsibil' ' t)}~s~[COnservation Easement shall become vested in and fall
`~ e~'organization in accordance with a proceeding before, and the
i
er ~ cou~Lrdtent jurisdiction
~OG~~,=Z7Q~
4 3 Assienrrrent by Holder. Notwithstanding the foregoing or anything else in this
Conservation Easement to the contrary, Holder and its successors and assigns shall
have the right to assign, either wholly or partially, its right, title and interest hereunder
~ provided that the assignee is a "qualified organization" under the Code and provided
`'~c~that the assi~gpn }~~~ the Conservation Easement exclusively for the
gr~ap~,;§CS The teem "Holder" as used in [his Conservation Easement
3 (1 [~1~] ihCe {lie a~,gy~ed Holder and any of its successors and assigns during such
l ~J perio~~sn~~s, entity is the holder of the rights granted to Holder in this
Conservation Eu~~ °t'rent..
ARTICLE 5. REMEDIES AND ENFORCEMENI
5..1 Remedies Gen ° ~ ,Holder shall have ~igltt to enforce by proceedings at law or
in egmty each and e €i2jeone ' wesl~zir~d restrictions set forth in this
Conservation E~~ t dre~gom shall not limit any of the rights or remedies
available to Hol~c~s pecr~l~~ ~~®flrrin any law or in this Conservation
Easement. Holder's remedies desc~~igthis Article shall be cumulative and
concurrent and shall be in addition to all remedies now or hereafter available or
existing at law or in equity.
5 2. Remedy ~ Snecific~ Performance. Wit}~OUt limitation of any other rights of Holder in
this ConseNaii~Easemen ~1~tofenforcement of this Conservaton
Easement shall ' ~}~~ t~~eek specific performance by Owner of the
restoratiofil o~'~CA rvaHon~r esarr~r~s original condition as established in the
Baseline ~cumentah~fl ~ta~ _ rhon prior to any activity that violates this
Conservation Easement or as otherw e may be necessazy to remedy any violation of
13
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M~~~, ~ ~°t^`~~~~T~ Inst # 308658 Book 2307Page: 264
~slOr~~ ~7
any ea erlrent, covenant, prohibition or restriction in this Conservation Easement, as
Holder may elect
5.3. Remedy Failure to Pav Certain taxes.. If Owner fails to pay tars or other
governmental assessments which may become a lien on the Conseron Area or ~ n, n
upon this Conservation Easement or the rights it represents or that it ~~~ _ ~ ~(r~
Holder may, but shall have no obligation to, pay such taxes or as,~'~~s ~ i-- pa~cs'~ffffa~~n
thereof upon ten (10) days after sending written notice to Owner,~cording ~~/,~~~~~Q~
bill, statement, or estimate procured from the appropriate public office.. Payment
made by Holder shall become a lien on the Conservation Area in favor of Holder
upon payment by Holder and shall beaz interest until Holder is paid by Owner at the
rate of eight percent (8%) per annum or at the highest rate of interest per annum as is
allowed by applicable law, whichever is less ~ n
5.4 Natural Events Not a Violation. Notwithstand~~~fi~~~Yd0te~ntr'azY,
Holder shall not bring any action seeking to e~~t,i~ rvatfoY4fl~eRPent
against Owner, nor shall this Conservation Easement be consr~ €r~c~CQ~k~ve been
violated by Owner, as a result of any damage to the Conservation Area that would be
considered a violation of this Conservation Area if such damage was the result of a
natrual event such as an eazthquake or flood, wind, lightning or other storm event,
~G including those events commonly referred to as "acts of God", nor as a result of any
~~ emer ~}~ ~tres reasonably taken by Owner to abate or mitigate significant injury
~a,~,r~~rl?~n Area as a result of any such natural event
'~ ~ ~c~r~ffo-%rsz~n
C- 5 5 ~~~h' Part Ri hts of Enforcement Ibis Conservation Easement may only be
enforce ~ ~wner and Holder and no third party beneficiary fights, rights of
enforcement or other rights are created or intended to be created or gamed by this
Conservation Easement in or to any other person or enhty, the public generally or any
governmental authority except to the limited extent necessary to undertake an scion
`~ under Sectio ~2
~~~ ~C ~~~~~ °~f~
bnrsement of Exaenses of Enforcement. In the event that Holder acts, after
nn~r; r~~~i~r =~
~JI I L},q.J: oo C)'v~i~d`r`~f'a` enforce this Conservation Easement or any obligation hereunder,
all r~ea~~a'1®~xpenses incurred by Holder shall be charged to and paid by Owner,
including reasonable attorneys' fees regardless of whether an action or proceeding is
commenced All such expenses, together with costs of collecton (including
reasonable attorneys' fees), shall be recoverable by Holder and be subject to
collection by all lawful means for the collectio f a debt under the law of th state in
which the Conservation Area is located and shal~a ns upon ~e~ io x
Area, and collection thereof may be enforced bye fore ~~ d' e
Conservation Area ~ ~C79G,fc da~ffff~~
5 7 No Mereer of Iitle. Notwithstanding anything to the contrary ~ thisQCon~rvation
Easement, should Holder become an Owner of any portion of the Conservation Area,
this Conservation Easement shall not merge with any interest in the Conservation
14
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OC~~jQ~
Area upon conveyance to Holder and title shall be transferred subject to the continued
validity and enforceability of this Conservation Easement in accordance with the laws
of the State in which the Conservation Area is located. In such event the rights of
~ Holder under this Conservation Easement as to the portion of the Conservation Area
~~~ ~'~nn~l~Iolder shall forthwith be transferred to a "qualified organization" in
~' ~~~~c~cx~fdance with Section 4..3. or, if necessary, 4..2.
M~ffffA~4
~~'~5~~~$~e~rmbursement of Ex enses of Liti anon Should Owner or anyone acting by,
under or on behalf of Owner, commence litigation against Holder to enforoe
any rights hereunder or to dispute any actions or inaction of Holder, to enforce any
alleged duty or obligation of Holder hereunder or to seek damages or specific
performance against Holder then unless Holder is finally determined by a court of
competent jurY~ ~ lion, beyond right o dal, to have acted in an arbitrary or
capricious manner co p
,/t~~?y t ns-o`~ [his Conservation Easement, then
Owner shall r ' ~ e~~mand for al] costs and expenses, including
attorneys fees~ab=~ V d.~~~'yy~#o{~dei~in its defense in such litigation. Holder
shall not be considered too have~actgfk, arbifiary or capricious manner solely based
on the fact that Holdee did not or does not prevail in legal proceedings or that Aolder~
is determined to have acted conhazy to the terms of this Conservation Easemont
~,~ 5.9. No Waiver of Ri is of Enforcement She failure of Holder to exercise any of its
~ ~~'ghf~ • his Conservation Easement on any occasion shall not be deemed a
II,, nn M o said rights and Holder retains the right in perpetuity to require full
'~ coAyp}iatt~dty Owner of the covenants and restrictions in this Conservation
~J I'v~
~~O~~ient.
~.
ARTICLE 6., GENERAL PROVISIONS
6.1. Veshne of Real Property Interest. Ihis Conservation Easement gives rise to a real
property right and interest immediately vested in Molder. For ptupb'of this ~ n
Conservation Easement, the fair mazket value of Holder's right and int~t s E~
equal to the difference between (a) the fair mazket value of the Cos ~ e a ~~j. ff~~
Constervation Abea burdened by this Conservation Ess)eme t~ ma~ue ~~fly~j~~pQ~Li
6 2 Rules of Construcfion and Interoretahon the parties recognize the environmental,
scenic, and nahual values of the Conservation Area and have the common purpose of
~~,y„ preservr ese values. Any general rule of conshuction to the conhazy
~y ~ ing, this Conservation Easement shall be liberally constmed in favor of
~~©~ ~ ant to promote, protect and fulfill the Conservation Purposes and the policies
~~ IJ\1 ~~~Q an&~S§ds of Holder.. If any provision in this Conservation Easement is found to
~~i~tb~y~uous, an interpretation consistent with the Conservation Purposes that would
render tf'ie provision valid should be favored over any interpretafion that would tender
it invalid. If any provision of this Conservation Easement is determined by final
15
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~~`=~~ tiu5~~17~'~a Inst # 308658 Book 2307Page: 266
~NOu~~pQ~~Q
judgment of a court having competentjurisdiction to be invalid, such determination
shall not have the effect of rendering the remaining provisions of this Conservation
Easement invalid The parties intend that this Conservation Easement, which is by
nature and chazacter prir~narily prohibitive (in that Owner has reshicted and limited
the tights inherent in owip of the Co~etu iro ea), shall be conshved at all
times and by all parties to pro~fO~e, _ ~~~~fiie Conservation Purposes
U T
f~;~ ~ Nc~~~a~
6 3. Indemnification. Ownek venants~['tY~~ Indemnify, defend, reimburse, and
hold harmless Holder, its directors, officers an loyees from, for and against any
Loss (hereinafter defined) to the extent such Loss arose from an Indemnified Cause
(hereinafter defined). A "Loss" shall mean any loss, liability, penalty, fine, damage or
reasonable cost of any kind or nature whatsoever which Holder or any of its directors,
officers or employees ma}~asonably be concluded t a~v~"e suffered, paid or incurred,
the term "cost" shall include '~Srkall n r~~}reasonable attorneys' fees
and witness and coact fees. ~~' ~7 e~-Cause" shall mean any of the following:
the violation or alleged vii n-o ttyj~~~g ~'~~"d~'~~I~fivolving the Conservation
Area by Owner or anyone acting by, fox, throflj~der the direction of Owner,
including but not limited to any tenant, connactor, agent, licensee or invitee of
Owner; any breach of covenants and restrictions in this Conservation Easement by
Owner or anyone acting by, for, through or under the direction of Owner, including
but not limited to a~;;~~~~tenant, connactor, agent, li see of invitee of Ownee; any tax
or assessment upon tT~nsetvation ~rgm ~iE'ir }cis Conservation Easement or the
rights it represents or tha ~gr~o~ohlbr; any death or injury to any person
occurring on or abQ}~,yttr ~ anon tang;~lden or attempts to enforce a lien
asserted against thnservatid~Pf~{cq is of performing any work on the
Conservation Area; any loss or damage to any~roperty on or about the Conservation
Area; any dispute involving Owner and Holder regarding the interpretation or
enforcement of this Conservation Easement as to which the interpretation or
enforcement of Holder is upheld; or any lawsuit or governmental administrative or
law enfor~E`~ t action arising in e~otJion with the Conservation Easement or the
Conservation w r Qhir~ or threatened against Holder or any of its
directors,~f~}~m oyee~~h any of the foregoing are made a party or
called as c s; b{ttr~j~~~~}}99i ee Cause" shall not include either (a) any such
Indemnified Cause which resu11~~8}"a Holder's own acts which are finally
determined by a court to have been the result of bad faith, negligence or willful
misconduct of Holder or (b) any such Indemnified Cause which arises entirely and
solely from events which occurred after a person or entity who was an Owner under
thi ~ onsetvahon Easement is q)onger the legal or equitable owner of the
Cons n Acea~5q ~ of and is no longer in possession of the
Conse [~'~i~ °~~aR thereof (it being understood that oae or more
su l ~~ shal#3Y>#~0fi indemnification, defense, reimbursement, and
hol mg hamless o'~Y~Y(~LL
16
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lJ (UJGn90oG~~17's'
6.4. Responsibilities and Liabilities of O~r. Without limitation of anything herein to
the contrary, Owner shall (a) retain all responsibilities and shall beam all costs and
liabilifies of any kind related to the ownership, operations, upkeep, and maintenance
of the Conservation Area, including the general liability insurance coverage and
ob~~ga~n to comply wi~~p ~">,c~ble law and (b) pay all taxes, levies and assessments
and othe~gpmr~r~al~,~~rTfdcrpal changes which may become a lien on the
C ~'u r~r''e~~ or u~.~j~gnservation Easement or the rights it represents or
th ~grants to%FIro1~e~~r~Cluding any taxes or levies imposed to make those
payments Cs~
6.5. Allocating Proceeds Following Extinguishment of Conservation Easement, It is the
intention of the parties that no change in conditions, including for example but not for
~u,~a limitation of a oregoing changes in the use of properties adjoining or in the vicinity
`~~~ ~ ~ onservation Area, will at any time or in any event result in the
£n u's~unent of any of the covenants, restrictions or easements contained in this
0~ • erg" ti[r'`ment. I~ however, notwithstanding the faregoing intention, any
~~e~i'~stance gives rise to the extinguishment of this Conservation Easement
or a material term or provision hereof byjudicial proceeding then Holder, on any
subsequent sale, exchange or involuntary conversion of the Conservation Area, shall
be entitled to a portion of the proceeds of sale equal to the g<'eater of (a) the Fair
Market Vq e of this Conservation Eas ent (hereinafter defined) on or about the
date of this rvation Ea~~~~Holder's Proportionate Share (hereinafter
defined) of th~ er xc ge or involuntary conversion of the
Conservat'br `~` it Marke4~h*~~~'this Conservation Easement" shall mean
the differe a etween r^ ~i~~cet value of the Conservation Area as if not
burdened by this Conservation Easement and (ii) the fair mazket value of the
Conservation Area burdened by this Conservation Easement. "Holder's Proportionate
Shaze" shall mean the fiacfion derived from (x) the Fair Maket Value of this
Conservation Easement on or about the date hereof, as a numerator, and (y) the fair
~7
~~~ marke~, t~l of the Conservation Area if not burdened by this Conservation
O ~f~`I~~S' nor about the date hereof, as a denominator "Proceeds of sale" shall
'' nn O l1 2~~G~ value of all money and property paid, transferred or cont[fbuted in
~UJ ~ C'AG,fQr~s:tnde,.,ranon for, or as otherwise required as a condition to the sale, exchange or
rnvMttnt3ry conversion of, the Conservation Area minus the actual bona fide expenses
of'such transaction and an amount attributable to the improvements wnstmeted upon
the Conservation Area pursuant to the Reserved Rights hereunder, if any. All such
proceeds received by Holder shall be used in a manner consistent with the purposes of
~~~th~gant ~]~~~
6 6. fd1.6e.~1r~~x~be8"s'of Condemnation. Whenever all or part of the Conservation
~~~, by"d~f~f eminent domain by public, corporate or other authority so
as to abrog° ~2g'~}'ctions imposed by this Conservation Easement, Owner and
Holder shall join m appropriate actions at the time of'such taking to recover the full
value of the taking and all incidental or direct damages resulting from the taking Al]
17
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M~l ~LE~~408658 Book 2307Page: 268
~~' OU2i'~-`~~,~~1s
expenses intoned by Owner and Holder, including reasonable attorneys' fees, in any
such action shall be paid out of the recovered proceeds Holder shall be entitled to
Holder's Proportionate Share of the recovered proceeds and shall use such proceeds
in a manner consistent with the purposes of this grant. 'The respective rights of the
~rVZ~ O sg~ HHolder set forth in Section 6 5 and this Section 6.6 shall be in addition to
~ ~ Lm~ttatlon of, any rights they may have in common law with respect to a
n n( ~ ~ ~~gd~fift~or teemination of this Conservation Easement by reason of changed
JJ N ~79~~~~~~ s or the exercise of powers of eminent domain as aforesaid.
6:1. Amendment or Modification of Conservation Easement Owner and Holder
recognize that circumstances could arise which would justify the modification of
certain ofthe rest[ictions contained in this Conservation Easement Io this end,
Holder and the legal owner or owncr~-of the Conservaion Are rf the
Conservation Area has been legally su~led, t ~~er~~fi~~'ortion of the
Consexvation Area affected by such .eta tfie- life of amendment shall
mutually have the tight, in their sot i ~ ee fb~"'`~' t~fi~" ents to this
Conservafion Easement which are not inconsistentth~y~nservation Pwposes;
provided, however, that Holden shall have no right or power to agree to any
amendments hereto that would result in this Conservation Easement failing to qualify
as a valid conservation agreement under the "State Consexvation Easement Law", as
the same may be hereafter amended, ox as a qualified conservation contribuh~n under
Section 170(h) of the Internal Revenue Code an~tplicnable re ~~~ n
6 8 Covenants, Etc Run With The Land ibis C~~~ s~entl }~rthe
covenants, indemnifications, releases, easem and res t~LS,~~ I~n this
Conservation Easement shall mn with the land and be binding upon and
Owner's successors and assigns, unless otherwise expressly provided in this
Conservation Easement. The term "Owner" used in this Consexvation Easement shall
mean and include the above-named Owner and any of Owner's successors or assigns
~~t~at are the legal ow f~e Conservation Area or any part thereof. The term
Tit'et" ~tt~its~ ns~r anon Easement shall mean and include the above-
n ~a~i~y r'a<}d'=i'ts s~c rs and assigns, it being understood and agrced that any
I U ~~s~g' ~ ree~'~t~~.~pp~ifs o ~ o er hereunder must be a "qualified organization" as
defined in Secet~i~ ~'~t) of the Code, as amended, and shall carry out the
obligations of Holder and the intent of this Conservation Easement
6.9. Limitation on Owner Liability, Owner shall be and remain liable for any breach or
ea violation of this i nservation Easement only if such breach or violation occurs during
~a~~ such i ~l j e is the legal or equitable owner of the Conservation Area or any
~., n n ~ t is m possession of the Conservation Area or any part thereof
~ Nl!~J Nr~m~~.v~rtan
n
6 10. ~~3xV~~Qaees and Other Liens All mortgages, deeds of host and other liens
or encumbrances upon all or any part of the Conservation Area which either come
into existence or are recorded in the place for the recording of'such liens or
18
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nJ ~ ~ ~~©'~3"-%~' Inst N 308658 Hook 2307Page: 269
encumbran'L~s after the date of this Conservation Pasement will be subject to and
subordinate to this Conservation Easement.
6 I1. Right of Conveyance Retained• Notice Required. Nothing in this Conservation
~~asemeo~t shlimiet of Owner, its successors or assigns to grant or convey
t on J ~ ' rded that any such gant or conveyance shall be under and
n n ~J s o~ ~~,Easement. Owner shall notify Holder in writing of any
lJ ~, fra(L~~j~~ or o er disposition of the Conservation Area ox any part thereof,
whether by opera`fflaw oe otherwise, not latex than 30 days after such disposition
and such notice shall include a copy of the deed, lease, or other declaration of fransfery
the date of fransfec, and the name or names acid addresses for notices of the fransferee
6 12. Manaeerial Control Retgined by Owner Nothing in rs Conservaton Easement shall
be construed as giving ris''~~s.any right o~rit~der to exercise physical or
mapagerial control ov~~ay;yoi-arr~~alI~~ the Conservation Area, or any of
Owner's activities on e s~#L .Ar~ek~Lith~Cvise to become an operator with
res ect to the Conserva on Area wr mg of the Comprehensive
Environmental Response, Compensation and Lia ility Act of 1980, as amended.
6.13. Compliance With Law Notwithstanding provisions hereof to the contrary, iY any,
Owner shall be solely~responsible for complying with all federal, state and local laws
and regulafions in com%~on with the co e5f~a~'ry use of the Conservation Area or
dre erection of any Struct r~i1 ~~r, and Owner shall be solely
responsible for obtai ~' Q ~f~r~perx~(~g~apvals and consents from the
relevant government oriht~~gn~herewidr
6. t4. Notices All notices required of Owner under the terms of this Conservafion
Easement, and all requests fox the consent or approval of Holder, shall be in writing
shall be deemed to have been given when either served personally or sent by certified
mail, wrehun receipt requestedan~ postage prepaid, addressed to Holder at the
address~`lo on ~~'~~' Conservation Easement or such other address
provided y.ppii, cp ~~t er or Owner to the other for the purpose,.
~J~J~j MnM®ffffL~~lJ6
6 ] 5 Headings The under ~ Nis preceding the Sections in this Conservation
Easement are intended for convenience of reference only and shall not be applied in
the construction or interpretation of the substance of this Conservation Easement nor
shall any such headings be construed to add to, defract from or otherwise alter the
~SUbstance, meaning, force or effect of any of the Sections in this Conservation
~t ~p~-
6,16 Av3iia~b'[~'t~,~~il-A~oupt Qfa sBenefits. Holder makes no wazxanty,representation
~~~i r as ~u~ngt a availability, amount or effect of any deduction, credit
or other benefitr~F'.dt' any other person or enfity under United States or any
state, local or other tax law to be derived from the donation of this Conservation
Easement or other fransacflon associated with the donation of this Conservation
19
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1~~~~C ~ (~Dwm6fflie5r~n Inst q 308658 Book 2307Page: 270
Easement Ihis~or~aho~Q~not conditioned upon the availability or amount of any
such deduction, credit or other benefit. Holder makes no warranty, representation or
other assurance regazding the value of this Conservation Easement or of the
Conservation Area As to all of the foregoing, Owner is relying upon Owner's own
legal counsel, accoufmancial adviso ~S >~r or other consultant and not
upon Holder or any legal cBt}zys~ea~~ti"`n xtcial advisor, appraiser or other
consultant of HoldersrI h~ ~ any ~t~~,j rer inquiry of a governmental
authority into the efYCr~'f f~his d~'3tpp J$an the taxation or financial affairs
involving Owner or Owner's successo ~i~a~r`'~rrs or other similaz matter then Ho(dex
shall be reimbursed and indernnified for any cost or expense of any kind or nature
whatsoever reasonably incurred by Holder in responding or replying thereto
6 11 Warranties and Re resentatYo of Owner, By signin r Conservation Easement,
Owner acknowledges, wazrants .MM,epresea ]d~1~4:
6.17.1 Owner has received ~i X11 ~ ~ ~~thE7ri~s~e~ocumentation in its
entirety. ~17Gc~Q
6 17.2, The Baseline Documentation includes, among other things:
•P~hotogaphs of current site conditions on the Conservation Area..
-A hotogr'aph of ~~o~gervation Area and surrounding area
-Narrate ~ ~~~~~(1z~ i'~~cant ecological and other conservation
~~ I tens{,i~~£,~~Conservation Area
-S2dA'~Yap o 'i~~tion Area.
-Environmental Condihon~~r~ap of the Conservation Area, including soils
and wetlands
6 17 3 the Baseline Documentation is an accurate representation of the condition of
the Consexvatiot~~~ ~~n
6.17.4 Owner has been repr e~~ ~yQorl#tsBCof Owner's selection, and full
understands that ~lblr3-"tt_ I~ err~r"~~>rf `~q~"felinquishing property rights
which would otherwise permit~r~Yot~e a fuller use and enjoyment of
the Conservation Area
6,17 5. The undersigned individual or individuals signing as or on behalf' of Owner
~~ has all legal authority to enter into this Conservation Easement and perform al]
~~~~ ~ofrthG p,~lt~a&.itt'~f Owner hereunder, as the binding act of Owner
I'; ~~ ' Owner;~t~'the Conservation Area in fee simple title, except for the
lJ ~ ~ ~ JG~~~~~o~ Fmineral rights recorded in Book 634, page 48 Brunswick
County R`e~3hy Owner has the right to gant and convey this Conservation
20
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^nO~~~ ~~+~st N 308658 book 2307Page: 271
Easement the Conservation Area is fre~ and clear of any and all liens and
encumbrances except liens for taxes not yet due and payable,
6 18. Govemine Law. Phis Conservation Easement shall be governed by and construed
under the law of the state in w~ffthe Conservatio9 fi1#e s~ocated
6 19. Multiple Countemarts. Ibis Cpt~~}' fi ~~en~t'ma~l ,~,,e executed in multiple
counterparts which, when asse~61p2Y and ~e~eiher; s~'iall constitute one and
the same legal instrument ~Q[1,
I'O HAVE AND I O HOLD the easements and rights set forth in this Conservation
Easement unto Holder, its successors and assigns, for its own use and benefit forever.
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Snst 23age'~2'72
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IN WIINESS WHEREOF, and intending to be fegallybound hereby, Owner and
Holder have executed this Conservation Easement as of the day and yeaz~ first above written:
RESERVE DF~VELOPMENI CO., LL~C by its
manager, Anna"'~Management~~~
e ~~~
a~.~rofffftr~c.
A Atkinson, Manager
BRUNSWICK COUNIY
NORTH CAROLINA ~ ~~
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I certify that the following person appeared before me this day, ac ~~ ~~~hy ~~ 4
he voluntazily signed the foregoing document for the propose stated there~n~n f-0~~"`~~`'
indicated: john A Atkinson, Jr. ~k~3,~~L
Date: d.,3 ad , 20 O.S
~'a~acs\Y 6ti. An.°Ei. ~ ~,
e~r~aeA~y777 (~e.clJ.CG
O cia[ Sig ature of Notary
'M ~°G~~~ ~ Notary Public
or typed name
PU6LIC
My commission expires: 02 -020 d0
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M
5iAIE OF PENNSYLVANIA
COUNTY OF CHESIER
NORTH AMERICAN LAND
Andre~y~ L~
By:

~~~, h '[13~{~~~_, a Notary Public of said County and State, certify
'fRgt,~AND F~ personally came before me this day and acknowledged that he is
s lr AMERICAN LAND T'RUS I', a nonprofit corporaton, and that he as
i~ ~ ~~n 3G~c~i~&'~o do so, executed the Foregoing on behalf of the corporation. ~~~~,,,,,
~4~ .+` t1d
WIINESS m h d and official seal this the, r1o,3 ~dayof nLC'~mN}'~~j7J
[Notary Seal] _ ?y. ii
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My commission e $~
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Notary ublio 'sy H
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Nolargl Seal
Karen M. Ma Da, Notary Publb
PennsburyTwp., Chester County
My Caranission Expires Aug 22, 2 W 6
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